Institute of Quarrying - West of England Branch

	Technical & Event Summaries 2010 May: The Mining Waste Directive Apr: Education, Training and Competence - IQ Vision of the Future Mar: Rock & Soil Slope Stabilisation Feb: Biodegradable Oils Jan: Annual General Meeting 2009 Dec: Member's Paper Evening Oct: Explosives Record Keeping Sept: Water Framework Directive Apr: Foam Dust Suppression Technology Jan: Annual General Meeting 2008 Nov: HSE Hot Topics presentation Sept: Mining limestone in Spain Apr: Quarry Restoration Mar: Calculating a carbon footprint for your operations Feb: Mine stabilisation at Coombe Down, Bath Jan: Annual General Meeting 2007 Nov: Uses of Recycled Materials Oct: Blasting Technology Sept: Field Trip Mar: Alternatives to Blasting Feb: European Standards for Asphalt Jan: Annual General Meeting 2006 Dec: Members Paper Evening Nov: Corporate Manslaughter Paper Sept: WBV (Whole Body Vibration) May: Worker Attitudes, Personality and Risk Propensity Apr: Confined Space Rescue in Quarries Mar: Asset Management in the Quarrying Industry 2005 Dec: Members Paper Evening Nov: The Aggregate Levy Oct: Tarmac’s Journey to Zero Tolerance on Health and Safety Sept: Manufacture and Storage of Explosives Regulations May: Golf Day Apr: Further Education in the Quarrying Industry Mar: Energy Efficiency Measures Feb: Future for Recovered Fuel Oil (RFO) Jan: Annual General Meeting 2004 Dec: Members Paper Evening Nov: Water Act 2003 & Catchment Abstraction Mgmt Strategy (CAMS) Oct: Falconry Sep: A Safety Evening with the HSE Jun: Field Visit - Kempsford Quarry May: Marketing Sustainablility Apr: Explosive Regulations Mar: CDM regulations Feb: Working Time Directive Jan: AGM 2003 Dec: Members' Paper Evening Nov: Competition Act Oct: Aggregates Levy Funding for Wild Spaces Sep: Energy Conservation in Quarries May: The WRAP Aggregates Programme Apr: Hot Topics from the HSE Mar: New European Specifications for Aggregates Feb: Archaeology at Bestwell Quarry Jan: Safety for Life Seminar

13^th November 2006 - Corporate Manslaughter Paper

On the 13th November 2006 the Branch held it's seventh technical evening of the 2006 programme at the Compass Inn, Tormarton.

Daniel McShee of Kennedys delivered a presentation on a new corporate manslaughter offence which is currently moving through Parliament. It has taken 10 years for the Bill finally to arrive from,

• 1996 - Law commission
• 1997 - Southall
• 2000 - Government proposal
• 2002 - Regulatory impact assessment
• 2005 - Draft Bill
• 2006 - The Bill

In current law cases of Gross negligence Manslaughter against an individual there must be

• A duty of care
• Breach of duty
• Individual gross negligence
• Cause or substantial cause
• Penalty is a custodial sentence

Under current law for Corporate Manslaughter,

• Corporations can be liable
• An individual who is so senior in a company that he is said to represent the 'Directing Mind' of the company.
• Identification principle of linking people at the top with the event on the floor
• Penalty is an unlimited fine

The new Act will apply throughout the UK and abolish the current law of corporate manslaughter which has proven to be very difficult to prove, particularly against big companies.

The new offence is aimed at organisations rather than individuals and will introduce a new statutory offence based on management failure of senior managers (possibly in the plural) whereby it will be possible to aggregate the failures of senior managers to see whether there has been a "gross breach of duty of care".

Senior managers are considered to be those

• Making decisions, managing substantial parts or activities of the business
• It will capture individuals lower in the management tree than the directing mind

Other issues considered under the new bill are

• The DPP( Director of Public Prosecutions) consent is required
• Defence of CM charges rather than HSWA offences may result in more contested cases
• The Police will investigate and the HSE advising
• Insurance costs may rise significantly to include cover of legal fees in CM cases
• The use of specialist lawyers will be required to handle such cases
• Increased fines estimated range of 15-20 million pounds
• These fines will not be indemnified by the insurance cover, but must come straight from the bottom line profit of the company

To summarise, many ingredients are the same, but there are 3 key differences from all the above

1. no need to convict an individual senior manager
2. aggregation of senior managers
3. senior managers, lower in the heirachy

The vote of thanks was then duly given by Stephen Savory.

Andy Shakeshaft (West of England Branch Committee member)