NEWS RELEASE
STUC calls for review of workplace fatality investigations The Scottish Trades Union Congress has called for more co-ordination by Procurator Fiscals, Police and enforcement authorities when dealing with incidents involving work related fatalities. The call follows the release of the full decision by the Court of Appeal on the Transco case that outlines the reasons for the indictment on charges of culpable charges being dropped.
Ian Tasker, STUC Assistant Secretary said,
"While we were disappointed that the charges were ruled irrelevant we believe the Court of Appeal opinion clarifies the position in relation prosecution against companies and/or directors in Scotland.
"We were concerned that the judgement would take a similar view to that applicable in England and Wales in that it would be necessary to identify an individual within the organisation that could be described as a controlling mind before a prosecution against that organisation could be successful.
"However, the Judges have accepted that while this principal applies in Scots Law the definition of those said to have exercised a controlling mind could equally extend to decisions by groups of individuals as well as individual directors or managers as is the requirement in England and Wales.
"This would appear to suggest that companies could be held responsible as a corporate body for their actions that lead to the deaths of workers and we are calling for a review of current investigation procedures to ensure all work related fatalities are properly investigated and charges brought against companies where appropriate.
"In England and Wales a protocol exists between prosecution and enforcement bodies and we would suggest the Scottish Executive considers similar arrangements to ensure that companies who place the lives of their workers at risk are brought to justice.
Notes to Editors
- The rate of fatal injury to employees has increased by 14% - from 32 to 37 to March 2003. During the same period the rate of fatal injury in Great Britain decreased by 11%.
Tel: 0141 337 8100 / Fax: 0141 337 8101 www.stuc.org.uk
Over the last five years 75 employed workers have been killed at work and 26 self employed have lost their lives in work related accident.
Transco is the only company to have been charged with homicide in Scotland.
The STUC is not aware of any prosecution of homicide involving work related deaths despite the fatality rate in Scotland being worse than in England and Wales.
You can see analysis of the Court decision by looking at the website of the Centre for Corporate accountability. http://www.corporateaccountability.org/press_releases/2004/jan12.htm