New sentencing guidelines introduced for corporate manslaughter, health and safety and food safety

New sentencing guidelines published on 3 November aim to ensure a consistent, fair and proportionate approach to sentencing organisations or individuals convicted of corporate manslaughter, health and safety and food safety and hygiene offences. 

Offences that come under the guidelines are very varied and could include a building firm that causes the death of an employee by not providing the proper equipment for working at height, a restaurant that causes an outbreak of e. coli poisoning through unsafe food preparation, a manufacturer that causes injury to a new worker by not providing training for operating machinery or a gas fitter whose sub-standard work leads to the risk of an explosion in someone’s home.

 In a statement, the Sentencing  Council said: "Corporate manslaughter always involves at least one death, but health and safety offences can vary hugely; they may pose the risk of minor harm or lead to multiple fatalities. Food offences are also wide ranging. They could involve poor hygiene or preparation standards in a restaurant kitchen that put customers at risk of illness or that cause fatal food poisoning. 

"The sentencing ranges also take into account how culpable the offender was. This could range from minor failings in procedures to deliberately dangerous acts. While prison sentences are available for individuals convicted of very serious offences, most offences are committed by organisations and therefore fines are the only sentence that can be given.

"The guidelines use the turnover of the offender to identify the starting point of the fine. Turnover is used as this is a clear indicator that can be easily assessed."

CRS says “make sure you understand your legal requirements and don’t let this happen to you and your organisation” – IOSH Directing Safely