Rhys Blakely
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Workers of the world, you have nothing to lose but your white knuckles. A change in the law is about to kill off extreme office team-building activities such as quad-bike racing and clay-pigeon shooting and replace them with more sedate pursuits – such as cookery classes.
Employees who can think of nothing worse than a weekend of bungee jumping with the boss can give thanks to the new Corporate Manslaughter Act.
The legislation, designed to clamp down on the worst cases of corporate negligence, is a blow to the burgeoning events industry – which is estimated to be worth more than £10 billion this year.
From April 6, companies can be charged with manslaughter should, say, someone from accounts break their neck while paintballing in the New Forest. Under existing health and safety laws, a case can be brought only if a “directing mind” (an individual) within a company is alleged to have acted improperly. Often, cases are not brought because it is too difficult to prove who is in charge, especially with large companies, lawyers say.
Under the new legislation, approved by the Lords in July, a company found guilty of contributing to a fatal accident will face penalties, including a potentially unlimited fine.
Deaths on the corporate bonding circuit are rare, but the new legislation has sent shivers through those responsible for organising the office day out.
THA Group, one of the country’s largest corporate event managers, recently decided to stop offering whitewater rafting, hot-air ballooning and bungee jumping trips. Several blue-chip companies, including Accenture, the management consulting giant, and IBM, have blacklisted anything that is potentially dangerous. That means no go-karts and certainly no sky-diving.
Even that stalwart of corporate life, the golf day, could potentially be hit – if it is judged that wayward strokes pose a risk to onlookers.
Experts are advising that companies which want to stay on the right side of the new law may have to carry out risk assessments for every activity they offer – not only for participants but also for local residents and passers-by.
“Companies need to be looking and, yes, they should be worried,” Nasar Farooq, of Croner Consulting, a health and safety specialist, said. “They have to be aware that they have a primary duty of care to their employees.”
The days are long gone when workers would settle for cakes and ale as tokens of the boss’s appreciation. The professional events organisers that put together corporate outings are now racking their brains for alternative outings.
“There has been a trend in recent years for companies to go for physically demanding activities to promote team-building,” an industry insider said. “Now we’re scrabbling around looking for things that will be mentally challenging.”
So out go waterskiing and anything involving an internal combustion engine. In their place, alpha-male high-flyers will be offered painting lessons (where each sub-team paints a section of a work that comes together at the end) and collective drumming sessions (particularly popular at the moment, apparently).
Those workers wondering if the change in the law leaves room for a fine wine-tasting jolly – instead of, perhaps, haring around Brands Hatch in a supercar – may want to reach for a stiff drink now. Lawyers say that employers determined to keep on the right side of the law may have also to police their employees’ alcohol intake – no easy task given just how jolly some office jollies can be.
“The Act does raise some interesting questions,” Richard Blann, a senior associate with Norton Rose, a City law firm, said.
“How on Earth do you police how much an individual drinks?” The room for informed consent is also narrow.
“Getting an employee to sign a waiver of responsibility offers no defence under the Act,” Mr Blann added.
— The number of workers suffering from repetitive strain injuries (RSI) is less than one third of estimates, a new study suggests. Professor Keith Palmer, of Southampton University, calculated that arm-straining activities are responsible for only 14 per cent of arm pain. Previous surveys have exaggerated the issue by asking workers if they believe their disability is linked to their job.
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Strange abouth this new legislation ?
Does the government worries about the harsh working conditions of the guys picking up bananas in Ecuador finding their ways onto the supermarkets shelves ?
So why annoying companies which such trivial matters, if a guy does not want to bungee jump , one solution is there : dont go !
mark
mark, London ,
Cant we do anything without this pathetic government meddling in our affairs.They seem keen enough to send all our young soldiers to Irag &Afganistan to be killed and maimed by Muslim extremeists,but not to let bussineses send their active staff & clients on go karts or quads
leave us alone . Everything they touch is an is another display of incompetence ,waste , & state meddling.
Everyone wants a safe life, but at some stage you have to LIVE IT.
Chris Wigmore, oxford, uk
Couldn't the law better distinguish between voluntary activities that are dangerous and work activities where the company has been negligent, or grossly negligent?
I'm not sure that a company should have any duty of reasonable care for opt-in, non work-based events. The organization offering the event might be expected to have ensured that equipment was in working order etc, but I don't think the group going to the event should have to prove it exercised care in choosing a provider.
There seem to be so many of these stories that the perception is we are witnessing a nation in decline, death by a thousand small cuts. If we relied less on others, be they companies or governments, to protect us maybe we'd remember how we managed before, in the centuries when we were ascendant.
Stephen, Cambs, UK
Its not a fear of the activity its a fear of litigation, maybe we could do some extreme litigation events, whoopie.
Risk assesments are there for a reason, to make you aware of a risk , then you can make an informed decision.
John Tarr, Nottingham,
Awful!
We should let companies send their people on high-risk activities and potentially kill them, maim them, with impunity - plenty more employees out there, eh what?
The law simply requires what should be done in the first place - an employer should take reasonable care that they - or the people they are paying for these events - take a REASONABLE level of care not to hurt them, or others.
England is not a sad place, hospitals and funeral parlours are.
m talbot, london, uk
Never read such tosh in days. Provided that all reasonable steps have been taken to ensure that the company providing the activity has a robust health & safety management system in place - as should be done for any sub-contractor, then there should be no fear of successful prosecution if something does unfortunately go wrong. Liability would rest with the activity provider.
John Webster, Kirkwall, Orkney
For every person that enjoys this sort of thing, there will be another person who finds enforced "team-building" utterly ghastly. It doesn't matter whether it's bungee-jumping or quilting. The whole concept is of debatable value.
Sophie, London, UK
This article does tend to miss the point of the regulation. No-one has spent precious parliamentary time and resources governing how corporates spend their bonding time. This legislation is designed to prevent some of the worst injustices the justice system has seen. Just cast your mind back to the Zeebrugge disaster. No-one was prosecuted there because, despite numerous failings, it was essentially impossible to find a 'corporate mind'.
If people are worried (and I do wonder how legitimate that fear is) they should lobby for an addition to the law permitting individuals to effectively accept the risk of the activity in certain limited circumstances.
Simon, birmingham, uk
The two most dangerous words in the English language are indeed "Health" & "Safety". What a load of rubbish.
Alan, Midlands,
Extreme cookery classes! Group drumming! Get a bloody life!! This is chuffing rediculous! I can't even begin to express the level of frustration I'm feeling right now. Angry doesn't even nearly cover it. I can tell you that as someone who runs a small business, the reason we organise go-karting sessions / quad bikes etc is because the employees LIKE it! I offer them a choice and they choose to do it. They enjoy it for heavens sake, and it makes work a fun place to be. Importantly, there are significant benefits to organising such activities and these seem to have been ignored in this 'All risk is bad' culture. I'd happily throttle the nannying muppet who dreamt up this legislation.
DG, Huntingdon, UK
Cookery - with all those sharp knives, hot ovens, unguarded hobs, raw (possibly contaminated with pathogenic micro-organisms) materials?
Art - sharp, pointy sticks with bristles (and all the allergenic potential), paint, which spilled on the floor will create a slipping hazard and will certainly require a COSHH assessment?
Bill Q, Derby,
âCompanies need to be looking and, yes, they should be worried,â Nasar Farooq, of Croner Consulting, a health and safety specialist, said. - Gosh, I wonder why he might say that?
I'm not so sure that cooking is a good idea either - knives, hot plates, ovens must surely all be pretty dangerous things. That might leave knitting, but then again all those sharp objects...
Anyway, no need for the pathetic inhabitants of sorry Albion to worry about conquering an empire or even fighting any wars in future. The only problem is all the molly-coddled little darlings will fall over from the effects of inactivity.
Charles, Hong Kong,
My daughter was on a work retreat and broke her collarbone, sholder blade and a rib in Auckland, NZ. The company were wonderfully supportive but I think the workers are often tired from working to cover the work they can't do due to the retreat and need more down time during the retreat - not extreme sports. My daughter was blokarting - a land yacht on wheels. I don't think she would want to go painting though! I have to say that until then she was having a great time!
Leonie, Auckland, NZ
What a nannied, timid, and pathetic place Britain has become. How sad.
How very,very sad.
Martin O, Shalimar, Florida, USA