Corporate Manslaughter and Corporate Homicide Act 2007 - The First Case

A Cotswold firm, Cotswold Geotechnical Holdings and one of its directors will be the first to be prosecuted under the new Corporate Manslaughter and Corporate Homicide Act 2007 as a result of the death of Mr Alexander Wright, a junior geologist, who was killed when a pit in which he was working collapsed on 5 September 2008. Great interest will be expressed in this case because answers to the exact meaning of the terms Òsenior managerÓ and Òfalling reasonably shortÓ may be found as a result of the trial process.

If a conviction is secured or if a guilty plea is entered, a marker will be put down regarding the severity of the fines that may be expected under this new Act.

An area of confusion with this Act has been the issue of individual liability with many being unsure as to whether or not directors can still be prosecuted because Section 18 does not appear to confer secondary liability, making it seem that only a company can be prosecuted under this particular Section. However, this does not prevent a director or senior manager from being prosecuted for gross-negligence manslaughter under Common Law or a breach of Section 37 of the Health and Safety at Work etc Act 1974, both of which have happened in this case.

LetÕs hope that this prosecution is not the first of many; but it will be interesting to see the fallout from this case as it unfolds.

Mr Peter Eaton, a director of the company, will face charges against himself and the company at Stroud Magistrates Court on 17 June 2009.

Fire Safety Law has Changed!

What are the changes:

• The law emphasises on preventing fires and reducing risk
• It is your responsibility to ensure the safety of everyone who uses your premises, and in the immediate vicinity
• Fire certificates are now abolished

This is now law and you must comply! » Fire Safety

Incorrect techniques = increased risks

In a recent case study by the HSE, a busy railway station employed a roving cleaner to deal with spillages.

The cleaner attended to a water spillage from a flower stall. He parked his trolley about ten metres away which meant that he then dripped water from his mop as he advanced towards the spillage.

His attempt to dry the spillage with his mop led to a large area of smooth wet floor where once there had been a clearly identifiable pool of water.

Had he parked his trolley next to the spillage and used some absorbent material to dry the area, the hazard would have been eliminated.

The cleaning technique had not been thought through and training and supervision were inadequat.

Learn more about how we can help prevent » Slips, Trips and Falls

Health & Safety Negligence

In a recent court case, a design services manager working for a council in the North West was cleared of manslaughter charges but fined £15,000 for breaches of the Health & Safety at Work etc Act 1974.

This was a result of five people dying from legionnaires disease after contact with contaminated water vapour coming from a swimming pool.

The council was fined £125,000.

Read more about our Health & Safety services » Health & Safety