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Workplace deaths in agriculture - incidence and culpability : legal exposure and limitation

This paper will present farm fatalities statistics; summarise the new law; explain why the new law was necessary; discuss the death of a rural worker and the subsequent fatal accident inquiry report; consider of the potential impact of the new law on farms and other rural businesses.

Year of Publication2009

Delegates will be aware that the law on corporate manslaughter, i.e. the basis on which corporations, rather than individuals, may be prosecuted for fatalities in the workplace, has recently changed with the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 (in force from 6th April 2008). This paper will : (a) present farm fatalities statistics which make their own case for the relevance of any law which seeks to improve working practices and accountability in workplace safety (b) give a summary of the new law relating to gross negligence manslaughter alleged to be the result of working systems (as opposed to individual action) (c) explain why the new law was necessary, with a review the old law (d) include a case study regarding the death of a rural worker and a detailed review of the subsequent fatal accident inquiry report The paper will conclude with a consideration of the potential impact of the new law on farms and other rural businesses

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Additional keywords/tags

involuntary manslaughterhealth and safety at work act etc 1974manslaughtermanagement of health and safety at work regulations 1999health and safetycorporate manslaughter and corporate homicide act 2007corporate manslaughtergross negligencefatalities
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Supporting the development of the national rural economy.

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