Corporate Manslaughter - Is Your Organisation Protected?

Wednesday 20th May, 2009

Cliff Morris

A company in Gloucestershire has become the first to be charged with the offence of corporate manslaughter under the Corporate Manslaughter Act 2007 which came into force in April 2008.  

Alexander Wright, an employee of Cotswold Geotechnical Holdings Limited was taking soil samples from inside a pit when the pit collapsed, crushing him.  In addition to the company being charged with corporate manslaughter, its director, Peter Eaton, has been charged with manslaughter and both have been charged with health and safety offences.  If convicted, the company faces an unlimited fine and the director could face life imprisonment. 

Under the relevant Act, an organisation is guilty of corporate manslaughter if the way in which its activities are managed or organised (by its senior management) causes a person’s death.  The death must be the result of a gross breach of a duty of care owed to the deceased.  The conduct must fall far below what can reasonably be expected by the organisation in the circumstances.

It is anticipated that this charge will be the first of many, especially for agriculture and construction companies who account for nearly half of all workplace deaths.  Cliff Morris, solicitor with Paris Smith, recommends that all organisations: 

• Undertake a health and safety audit to ensure they meet the appropriate standards;
• Review their safety management systems and make improvements where desirable;
• Ensure that senior management, preferably directors, take day to day responsibility for health and safety measures; and
• Ensure a health and safety culture exists in which everyone takes responsibility for improving health and safety.

Such steps will not only be a useful defence against potential manslaughter charges but will help prevent workplace deaths or accidents which can be time consuming, costly and distressing to the organisation and its employees.

For further information contact Cliff Morris at cliff.morris@parissmith.co.uk

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