Move for justice by changing death law

Bill for radical culpability reform in the workplace spearheaded by Fife MSP

Radical reforms which could see businesses charged with culpable homicide for workplace deaths have been spearheaded by a Fife MSP.

Families who feel justice has not been served for the deaths of loved ones have backed a new Bill proposed by Claire Baker, Labour MSP for Mid Scotland and Fife.

Ms Baker hopes her Culpable Homicide (Scotland) Bill will change the law to ensure where loss of life is caused by recklessness or gross negligence, a suitable conviction can take place.

Currently failure to comply with health and safety legislation can result in a criminal prosecution of both organisations and individual employees, directors, officers and managers.

The maximum penalty is an unlimited fine, and in some limited circumstances sentences of imprisonment can be imposed on individuals.

However, failures to successfully prosecute businesses in the past have led to claims the law is inadequate and workplace deaths are not punished as severely as other forms of homicide.

No business in Scotland has ever been prosecuted for culpable homicide.

The drive comes after statistics from the Health and Safety Executive (HSE) revealed the number of Scottish workplace deaths rose from 17 in 2017-18 to 29 in 2018-19, and that Scotland has had the highest number of workplace deaths across the UK over the past decade.

Since 2014, Fife has been home to six deaths alone which had to be fully investigated by the HSE, with four in Angus, three in Perth and Kinross and one in Dundee, and reports have been sent to the procurator fiscal in all cases.

However, Ms Baker says there is a real rationale for change in that many families frequently feel justice is not being properly served.

Ms Baker’s Bill would create two kinds of culpable homicide that means senior managers or company directors could be convicted of the offence if that person is held responsible for causing a death recklessly or by gross negligence.

“Two hundred and thirty-one people have died in workplace accidents in Scotland over the past decade,” she said.

“It is simply unacceptable to have workers dying as a result of negligence or recklessness by employers and this has to change.”

Six Tayside and Fife deaths – two in Fife, two in Angus and two in Perth and Kinross – were reported to the HSE alone in 2018-19.

Only one company in Scotland has ever been charged with culpable homicide – Transco for the deaths of four people in a gas blast in Larkhall in 1999 – but that charge was subsequently dismissed by the Appeal Court.

Mike Kirby, Scottish secretary of UNISON Scotland, said: “We believe victims must see justice served.”

The HSE says any decisions to prosecute are made by the Crown Office and Procurator Fiscal Service.