Legal Proceedings on First Corporate Manslaughter Case to Begin
Engineering firm Cotswold Geotechnical Holdings is set to have a brush with the law as it finds itself embroiled in serious legal issues over the death of one of its employees.
In a landmark prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007, the organisation has been found guilty of disregarding the safety of an employee who became the tragic victim of a workplace accident. The case has been handed over to Bristol Crown Court, and is awaiting an administrative hearing, known as a Preliminary Hearing, which will set the time schedule for the case.
Angela Phillip, Associate at Osborn Abas Hunt, says that the judge will have the final say on the dates on which the prosecution case and the defence statement are to be served, and also on the time when the Plea and Case Management hearing will take place, during which appeals will be entertained. The dates might fall in the month of August.
A young geologist named Alexander Wright was killed on the spot in September 2008 by a mudslide, when a trench from which he was taking soil samples, caved in, crushing him in the process. His death was attributed to his employer’s neglect to ensure the employee’s safetyan offence under the relevant statutory provisions. The company’s director Peter Eaton was found guilty of breaching Section 37 of the Health and Safety at Work etc. Act 1974 (‘HSWA’). This section holds a senior authority of a firm guilty if it can be proved that the offence was committed with his agreement or participation, or was the outcome of his indifference.
The company is also liable to be penalized for the breach of Section 2 of HSWA. The employer in this case failed to discharge the duty imposed by the said section to ensure the health, safety and welfare at work. All staff and management must be fully aware of and comply with health and safety regulations as laid down by law; the IOSH Safety for Senior Executives course is aimed at Directors, Vice Presidents, Senior Executives and other senior managers who have the responsibility for policy making and strategic planning for health and safety within the organisation and is of benefit to review your health and safety performance and risk management arrangements.
