The Corporate Manslaughter and Corporate Homicide Act 2007 came into force on 6 April 2008.

In the first case of its kind under the Act, the CPS has authorised a charge against Cotswold Geotechnical Holdings Limited for corporate manslaughter following the death of a geologist who had been taking soil samples inside a pit which then collapsed on him. A conviction for corporate manslaughter carries an unlimited fine and a requirement that the Company must make public its conviction.

In addition, one of the directors has also been personally charged with gross negligence manslaughter. If convicted, the offence carries a maximum sentence of life imprisonment. He has also been charged with an offence contrary to Section 37, Health and Safety at Work Act 1974.

Furthermore, the Company has also been charged with failure to discharge a duty contrary to s33 of The Health and Safety at Work Act 1974 and if convicted this will result in a fine.

Under the Act an organisation is guilty of corporate manslaughter if the way in which its activities are managed or organised causes a person’s death and amounts to a gross breach of a duty of care owed by the company to the person who died. Further, a company is only guilty where a substantial element of the breach must have related to the way in which activities were managed or organised by senior management.

It should be noted that Cotswold Geotechnical Holdings Limited is not a big multi-national company – this is a stark warning to all businesses that where the facts are sufficient, the authorities may exercise their authority.

Businesses should take heel and carry out risk assessments now to ensure that they are properly discharging their duty of care towards their employees.

To discuss how Berg Legal can assist you with these issues, please contact Alison Loveday at alisonl@berg.co.uk. Alternatively you can call Alison on 0161 833 9211