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Criminal records are no longer confined to individuals; companies can be branded as criminals too, and time is running out for them to safeguard against the likelihood of it occurring. With the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 last April, lawyers are predicting that the first prosecution case under the act will be brought to the UK courts this year. As the possibility of unlimited fines and a criminal record hangs threateningly over UK businesses, employers' responsibility to ensure that health and safety regulations are implemented correctly is more important than ever.

Mark Pearce, Training Director at AquaTerra Solutions, an Aberdeen-based supplier of work at height services, says, "The Corporate Manslaughter and Corporate Homicide Act 2007 came into force in April 2008, and is a way of prosecuting companies and organisations for serious failures in corporate management of health and safety, which lead to a gross breach of a duty of care. Although the legislation applies to companies rather than individuals, meaning that no prison sentence can be imposed, there is the potential for unlimited fines as well as the risk of tarnishing a company's reputation.

"This new legislation relates to the management of health and safety and good practice, and means that companies have to brush up on areas such as training and quality of equipment. By investing in such measures, staff as well as clients can be confident in a company and its management and the risk of prosecution will be minimised."

Given that some work environments pose more danger than others, there is a need for companies' management to ensure that their workforce are fully competent in the work that they carry out. With falling from height being the single biggest cause of workplace deaths, it is essential that employers ensure staff have the proper training in the safe use of personal fall protection equipment, working at height, and in some cases, rescuing others at height.

Mark adds, "Given that falling from height is responsible for about 60 deaths every year as well as around 4,000 injuries, safety is paramount in this line of work. Employers should review their health and safety policy regularly and have a risk assessment carried out to determine any areas of weakness. Act on the findings of the risk assessment by putting sensible controls in place to prevent accidents and make sure they are followed by supervisors and staff."

Many businesses are experiencing financial difficulties during the current economic climate and a lot of employers are cutting back on unnecessary costs. A survey conducted by The National Accident Helpline earlier this year showed that six out of ten employees felt that their employer was placing less emphasis on health and safety as a result of the recession. As Mark explains, cutting corners on health and safety is not an option.

"Cutbacks should NEVER be made on health and safety. The risk of an accident happening and the potential prosecution and fine that could follow as a result will be more costly than implementing the proper health and safety measures in the first place. Damage to a company's reputation could even result in losing the business as well as the trust of employees and clients.

"Ensuring that health and safety is managed well means benefits for your business. Some of the advantages include a lower number of absences from work through injury or ill health, more productivity levels and less employee insurance claims – not to mention happier staff who are more confident in their safety in the workplace."

AquaTerra Solutions is an Aberdeen-based company that specialises in work at height and rope access related services including NDT/Inspection, maintenance and construction services; work at height and rescue training; and work and rescue equipment supply. In addition to providing comprehensive services both offshore and onshore for the oil and gas industry, AquaTerra clients also include those in the petrochemical, pharmaceutical, power generation, marine, renewable energy, communications and civil engineering sectors. AquaTerra is based in Stoneywood in Aberdeen. More information about AquaTerra can be found at www.aquaterra.co.uk , by emailing info@aquaterra.co.uk or calling 01224 710100.

AquaTerra Solutions Ltd

AquaTerra House, Tofthills Avenue, Midmill Business Park, Kintore, Aberdeen, AB51 0QP

Tel: +44 (0) 845 257 7570

Fax: +44 (0) 845 257 7572

info@aquaterra.co.uk

Registered in Scotland No. 262031,
Registered Office: 34 Albyn Place
Aberdeen, AB10 1FW