Employee’s Death Has Director in Trouble
Crown Prosecution Service filed a lawsuit against Cotswold Geotechnical Holdings Ltd and its director for being responsible for the death of one of its employees. Alexander Wright, a geologist with the company was in a trench collecting soil samples in September 2008 when it collapsed, resulting in his death.
The director, Peter Eaton has been charged with gross negligence manslaughter and a violation of Section 37 of the Health and Safety at Work etc. Act 1974. The Act allows for the prosecution of a senior officer if it can be proved that the fault occurred as a result of carelessness under his watch and with his approval. IOSH courses from Workplace Law Training are designed to give managers and supervisors all they need to know to help handle health and safety in their teams; click on IOSH Managing Safely for more information.
Another charge against the company was under Section 2 of the Health and Safety at Work Act, which states that it is imperative that a company ensure that its employees are under no harm or on the receiving end of a reckless decision made by the company. The company has to take responsibility for the health and safety of the workers, failing which they can be held liable for any mishap.
The accused appeared at Bristol Crown Court where the proceeding lasted for a short time. He only verified his name and then the judge, Thomas Crowther QC ordered him to appear before the court on 19 August to plead his case. He was awarded unconditional bail until then. This is the first case where a director and his company have been jointly held liable under UK’s Corporate Manslaughter Act of 2007.
