Sample Essay on:
Difficulties in Constructing Robust Legislation to Impose Enforceable Health and Safety Duties on Directors of UK Companies

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Essay / Research Paper Abstract

This 10 page paper considers how and why it has been so difficult to introduce legislation to encourage or force directors into improving health and safety standards in UK companies. The paper looks at the way corporate manslaughter and argues that the main problem is the inability to hold individuals accountable along with the doctrine of identification. The paper cites numerous cases and makes reference to the way it has been dealt with by the US. The paper is written according to English law. The bibliography cites 8 sources.

Page Count:

10 pages (~225 words per page)

File: TS14_TEhealtdir.rtf

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Unformatted sample text from the term paper:

at fault due to lack control or concern for health and safety issues. Often it is perceived that those who are responsible are not punished and then only minor fines are handed out. In the years of 2003/4 the average fine handed out was ?9,858 and only 16 fines had been above the ?400,000 mark before April 2005 (UNISON, 2005). In reality these fines have a small impact, they dent the profits but for the larger companies may not even be noticed (UNISON, 2005). If the law is designed to act as a deterrent then these are unlikely to have any strong impact as a deterrent, if the law is seen as a way of enforcing punishment to ensure compliance this is also a weak message. The argument may be that the punishment can create a bad image and have a stigma attached but as 45% of all companies are small and many will have little to loose by way of reputation as many of these who may be prostituted are the fly by night companies (Clarkson, 1996). The difficulty is that the way the law is at present it is difficult to hold a particular person responsible especially when the company also has a legal identity and can be seen as a defendant. However, although a legal entity it cannot face imprisonment and is a shield behind which those responsible can hide. Directors are ultimately responsible t the shareholders for the levels of profits that are made and for the way the company is run, but when an employee is injured, even if it is a result of the way the company is run, it is very unlikely that those who can be deemed ultimately responsible will be held to ...

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