Corporate Manslaughter, HSG 48 and Physical Intervention
As you read this article Corporate Manslaughter legislation is being actively used and companies are being investigated, charged and successfully prosecuted under it. Yet as you read this somewhere in the UK a system of restraint (physical intervention) is being taught or used that is unsafe and /or contains techniques that increase the risk of injury or death. If and when an injury or death occurs the organisation, trainers and the staff who were involved will be investigated. The defence the organisation will probably use will be that they commissioned an “approved” or “accredited” training provider. The defence of the training provider may be that the system or techniques failed because the member of staff involved “didn’t do them properly”. As a result the member of staff is blamed because they failed. Yet was the failure an accident or fatality waiting to happen? Was the failure designed into the system used?
HSG 48 is a Health and Safety Model that can be used to identify the real causes of human failure. This short 12-minute video illustrates how the HSG 48 Model can be applied in relation to Physical Restraint (also known as physical intervention). It highlights how some agencies to provide unsafe systems of work, and then simply blame the member of staff for “getting it wrong” when the unsafe system fails to work. In short, it shows how the model can be used to identify the real underlying (latent) failings in physical intervention systems and programmes that are the responsibility of management.
As a result, this video is especially suitable for managers, health and safety professionals, employee and union representatives, commissioners of training within organisations and training providers and trainers. It should be of special interest considering the successful prosecution of a case for Corporate Manslaughter in Northern Ireland, the current investigation by Scotland Yard who are now looking at bringing the first Corporate Manslaughter charge against a highways agency after a cyclist was killed on a notoriously dangerous stretch of road, the impending case of the fire service managers who are now facing charges of ‘Manslaughter by Gross Negligence’ for the deaths of four firefighters who entered a burning warehouse in Atherstone-on-Stour in 2007 and the case against Leeds City Council council who could be facing corporate manslaughter charges over the death of a man who was killed by a lorry.
To view the 12 minute video >>>>> click here