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One of Scotland’s leading health and safety lawyers, Rona Jamieson of Paull & Williamsons in Aberdeen, has taken time out of the office to join oil riggers in undertaking an offshore survival training course following changes to legislation that could have a significant impact for directors and senior managers.
Workplace death investigations are now to be led by police CID detectives and any such incidents must be assumed to be potential corporate homicide offences until that has been ruled out. It is possible, therefore, that in fatal cases senior management will require to be interviewed and their role in relation to any incident scrutinised.
Rona Jamieson undertook the offshore survival course at Petrofac Training Services’ Aberdeen training centre following requests from oil and gas clients to ensure that she is available to provide her expert advice offshore.
Businesses now face record fines since the Corporate Manslaughter and Corporate Homicide Act 2007 which came into force in April last year (2008) with companies being fined as much as 10% of their annual turnover.
Companies can also be jointly prosecuted under the Health and Safety (Offences) Act 2008, which came into force in January 2009, which increased penalties and provided courts with greater sentencing powers for those who break health and safety law.
Individuals convicted in relation to breaches now face the risk of imprisonment for up to two years in the most serious cases. The Act widens the range of offences for which an individual can be imprisoned and increases the maximum penalties that can be imposed for health and safety regulation breaches.
Rona is a recognised leader in the field of health and safety law and defender reparation. Most recently, Rona has been involved in an Inquiry in Norway arising out of the sinking of the Bourbon Dolphin anchor-handling vessel off Shetland with the loss of eight of her crew. Rona also worked as part of the team handling the multiple claims arising out of the Piper Alpha disaster and the Ocean Odyssey explosion.
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