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CCA Press Releases

Embargoed, 00.01 am, 2 November 1999

New evidence reveals companies escaping criminal investigation and prosecution

New evidence reveals how the Health and Safety Executive (HSE) - the body responsible for the regulation of rail safety and the investigation of the Paddington disaster - allows companies to escape investigation and prosecution for crimes involving serious injury and death.

In its evidence to the Environment Select Committee on 2 November, the Centre for Corporate Accountability will make public details of research it has undertaken into HSE's investigation and prosecution record:

HSE's low investigation and prosecution rates
inconsistencies in HSE action between different parts of the country and between different industries.

Major Injuries go Univestigated
Between 1996-1998, the HSE received reports of 47,802 major injuries at the workplace - including amputations, burns, etc. Yet, the HSE only investigated

  • 1 in 10 major injuries
Analysis by the Centre indicates that this results in at least 4413 companies escaping prosecution. The figures also reveal that the HSE has no consistent investigation policy.
  • Half as many injuries to construction workers were investigated than injuries to farm workers;

  • One third as many injuries to miners (and those working in extraction/utility industries) were investigated than injuries to construction workers;

  • Half as many injuries to workers in London and the South East were investigated than workers in Yorkshire and the North East;
Companies and Directors go Unprosecuted
Although evidence indicates that 70% of deaths and major injuries are the result of management failure the HSE prosecutes:
  • only one in ten of the major injuries it has investigated.

  • only one in five of the 510 deaths its has investigated

  • almost half as many major injuries in the Midlands result in prosecution than in the Home Counties.
Company face minimal fines
The average fines against a company convicted in relation to a death was:
  • less than £20,000

  • the fines in the London courts were on average three times lower than
    the fines in courts in Wales and the West

  • the fines in the Midlands courts were on average twice as low as the fines in the London courts.

  • The HSE prosecuted four out of five cases in the magistrates courts (rather than the Crown courts) where the maximum fine is £20,000
Link to Select Committee Documents

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Notes to Editors:
  1. The Centre for Corporate Accountability is a new organisation, which through advice, research and advocacy aims to promote worker and public safety.

  2. Tables are attached. Copies of 14 page evidence can be provided

  3. The Centre is giving Evidence to the DETR Select Committee on 2 November 1999 at 11.10 am The Centre is being represented by David Bergman, Centre Director, and Dr Gary Slapper, Director of Law at the Open University, who is on the Centre's Advisory Council
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