Only two company directors/senior managers in Scotland have been convicted of health and safety offences since April 1999 according to research, conducted by the Centre for Corporate Accountability.

One of the directors only received an 'admonishment' and the other director received a £1000 fine. To read about these cases, click here

This compares with 27 directors/senior managers convicted in England and Wales of health and safety offences over the same period.

And whilst in England and Wales, eight company directors and five companies have been convicted of manslaughter, in Scotland no director or company has ever been convicted of a homicide offence following a work-related death.

The research also reveals that the average fine imposed by Scottish Courts on companies convicted of health and safety offences after January 2002 was £16,900. Where a death was involved the average rose to £28,000.

This research is to be published in Glasgow at a major conference on ‘Safety and Corporate Criminal Accountability’ taking place on 23 October 2003. The conference – the first of its kind in Scotland that brings together employers, trade unions, lawyers, academics and bereaved families – is organised by the Centre for Corporate Accountability.

These figures come after the HSE revealed in July that between 2001/2 and 2002/3, the rate of fatal injury to employees had increased by 14% - from 32 to 37. During the same period the rate of fatal injury in Great Britain decreased by 11%.

David Bergman, Director of the Centre for Corporate Accountability said:

"This research brings into the spotlight two parts of Scotland's criminal justice system – the police and the procurator fiscal - which will be considered at the conference. Whilst in England, the police follow investigation protocols that require them to undertake manslaughter inquiries into work-related death, in Scotland no such protocol exists.

However the low prosecution levels of directors for health and safety offences seems to be down to the decisions made by the Procurator Fiscal. Whilst in England, the HSE and Local Authorities both investigate and,prosecute health and safety offences, in Scotland the HSE and LAs only investigate and it is for the procurator fiscal to decide whether or not to prosecute. And whilst the HSE is increasingly taking cases out against directors, the Procurator Fiscal is not doing the same in Scotland.

The figures comes from an analysis of HSE's prosecution Database, and was correct as of 1 October 003.

The conference - which will also discuss the law of corporate homicide - is supported by the STUC and Thompsons Scotland Solicitors. It is taking place at the Moir Hall and only costs 30 pounds to register.

Director Convictions

William Wightman,of Beejay Rail Limited, was convicted in December 2001 after failing to comply with three Improvement Notices.The case was summarily heard in the Sherrif court and he received an 'admonishment'. The offence took place in Glasgow

George Bisset a director in G F Bisset (Inverbervie) Ltd was convicted in December 2002 for knowingly allowing work to be carried out in contravention of the Prohibition Notice served on the company. The case was summarily heard in the Sherrifs court and he received a 1000 pound fine. The offence took place in Aberdeenshire

Back to top