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The Corporate Manslaughter Act, 2007 is being implemented for the first time before a UK Court. The case was initiated when a young geologist employed by Cotswold Geotechnical Holdings Ltd, died due to an accident in September 2008. The accident happened when a trench in which Alexander Wright was collecting soil samples caved in.

The Crown Prosecution Service brought a case against the company under Section 2 of HSWA (Health and Safety at Work etc. Act 1974). The section mandates every employer to ensure, as far as possible, the health, safety and welfare of workers.

The director of the company, Peter Eaton has also been charged under HWSA. The charge has been levied under Section 37 under which a senior office holder can be prosecuted if an offence is committed by consent or connivance or negligence of the officer.

The case is important because the director has been charged with gross negligence manslaughter under Corporate Manslaughter Act. This is the first instance of corporate manslaughter charges under the Act. Make sure you, and your board of directors understand the importance of recently introduced corporate manslaughter legislation and your organisation is well equipped to deal with a serious accident or fatality at work. Workplace Law offers a one-day Corporate Health and Safety Briefing; the course covers the syllabus of IOSH Managing Safely that has been specially designed to help directors and senior managers comply with health and safety legislation and to ensure that they discharge their duty of care towards employees, contractors and members of the public.

Recently, a hearing was held at Bristol Crown Court in which Eaton was asked to confirm his name. For the time being, a bail without any conditions has been granted by the Judge, Thomas Crowther QC, until the next hearing. The next hearing is on 19th August and the accused will declare his plea on that hearing.