Question
1. A parent company be prosecuted because of failures within a subsidiary company True False 2. When an employee is killed while driving on work-related
1.
A parent company be prosecuted because of failures within a subsidiary company
True
False
2.
When an employee is killed while driving on work-related business, the employer organisation could be prosecuted for corporate manslaughter.
True
False
3.
The Corporate Manslaughter and Corporate Homicide Act 2007, is not retrospective and therefore can apply to deaths before its implementation date.
True
False
4.
When deciding what constitutes gross negligence it can be said that negligence turns into gross negligence if the breach of duty falls considerably below what would reasonably be expected of the organisation in the circumstances. Whether the negligence is gross negligence depends upon considerations such as: (tick all that apply)
Any health and safety guidance relating to the breach
The cost of installing safety systems and taking precautions
The attitudes, policies and accepted practices of the organisation which led to the failure
That there were no mitigating factors
Whether other people involved in the incident suffered serious injuries
How serious the failure was
How real the risk of death was
The number of people who died
5.
Historically in larger companies, it was often difficult to prove that the actions of one director or manager controlled the whole company. In the case of large companies, the prosecution often tried to secure a conviction for breach of the Health and Safety at Work Act 1974 which is easier to prove. Which of the cases listed below (which occurred before the CMCHA 2007 )resulted in convictions for corporate manslaughter? (Tick all that apply)
R v Kite, Stoddard and OLL Ltd [1994]
R v Cotswold Geotechnical (Holdings) Ltd [2011]
Tesco Supermarkets Ltd. v Nattrass [1971]
R. v P & O European Ferries (Dover) Ltd. (1990)
Williams v Farne Salmon and Trout Ltd 1988
R v Princes Sporting Club Limited (2013)
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