The 2007 Act titled the Corporate Manslaughter and Corporate Homicide Act, has finally been invoked in a case before the Bristol Crown Court. The accused in the case is Cotswold Geotechnical Holdings, which is the first company to be booked under the charge of corporate manslaughter.

The case facts are that an employee of the company, Alexander Wright, who was working as a geologist, died in an accident involving the caving in of a trench in which he was collecting soil samples. A charge of gross negligence manslaughter was imposed on the director of the company, Peter Eaton. The violation of Section 37 of the Health and Safety at Work etc. Act, 1974 (HSWA), which holds senior personnel of the company responsible for an offence committed with their consent or the connivance of or due to their negligence, has also been alleged.

The company is being held liable for the violation of Section 2 of HSWA for not taking practical steps to maintain the health, safety and welfare of the employees at their workplace. Make sure your organisation is aware of its health and safety obligations and has a clear understanding of its statutory duties with a well regarded NEBOSH national general certificate course; designed to help those with health and safety responsibilities to carry out their duties at work more effectively and to protect the organisations for which they work - click on NEBOSH exam for course details.

Currently, the administrative hearing or the Preliminary Hearing of the case is scheduled, where the time schedule for the case will be set. According to Angela Philip, an associate with Osborn Abas Hunt, the dates for the prosecution case, the written statement and Plea and Case Management Hearing will be decided. The dates will most probably be in August and the pleas will be entered in the Plea and Case Management hearing.