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First corporate manslaughter case begins today
26 February 2010
Today, the first prosecution to be brought under the Corporate
Manslaughter and Corporate Homicide Act 2007 begins at Bristol
Crown Court.
A Cotswold based company, Geotechnical Holdings Limited has been
charged with an offence arising from the death of a geologist who
was killed when a pit collapsed as he was taking soil samples at a
property in Brimscombe. The company’s sole director, Peter Eaton,
also faces a charge of manslaughter and both Mr Eaton and his
company face charges under the Health and Safety at Work Act
1974.
Despite the introduction of the Act, and the pending prosecution
at Bristol Crown Court, there still appears to be an appetite for
greater regulation of companies when it comes to issues of health
and safety. Backbench Labour MP, Frank Doran, has introduced a
Private Members’ Bill to amend the Health and Safety at Work etc
Act 1974 to place a specific positive duty on company directors to
ensure health and safety in their organisations.
The Health and Safety (Company Director Liability) Bill had its
first reading in Parliament on 19 January 2010 and is scheduled for
a second reading on 23 April 2010.
In support of the Bill, Doran said,
“My Bill will place a positive duty on all company directors
to take all reasonable steps to ensure health and safety in all
aspects of the company's activities - effectively to put them in
the same position as all other employers and to remove a glaring
anomaly in our health and safety laws.”
The current prosecution and proposal for yet further legislation
highlight the need to ensure effective health and safety systems
are in place such that, in the event of serious accident or
fatality, a company would feel confident of defending itself during
the ensuing police and HSE investigation.
For further information in relation to the prosecution under the
Corporate Manslaughter and Corporate Homicide Act 2007, or for
further information in relation to the Health and Safety (Company
Director Liability) Bill please get in touch.
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