First Company and Director faced with prosecution

Fleet operators are urged to take note as the first Corporate Manslaughter prosecution against a company and an individual director is authorised by the Crown Prosecution Service.

On 23rd April 2009, a charge of Corporate Manslaughter (which became law on 6th April 2009), was authorised by the CPS against Cotswold Geotechnical Holdings Ltd.

The prosecution is in relation to the death on 5th September 2008 of an employee of Cotswold Geotechnical Holdings Ltd, who  was crushed to death when the sides of an excavation pit he was working in collapsed.

A director of the company has been charged with gross negligent manslaughter and with an offence contrary to Section 37 of the Health and Safety at Work Act 1974.  As a company, Cotswold Geoechnical Holdings Ltd has also been charged with failing to discharge a duty contrary to Section 33 of the Health and Safety at Work Act 1974.

The reviewing lawyer of the CPS Special Crime Division stated that they have concluded that there is sufficient evidence for a realistic prospect of of a conviction for this offence.

The director will appear in court on 17th June 2009, where he faces charges both as an individual, and on behalf of the company. If convicted for gross negligent manslaughter, he could face a maximum sentence of life imprisonment, whilst a conviction for Corporate Manslaughter could see the company faced with an unlimited fine.

PLEASE REMEMBER

All companies with employees who drive on company related business have a duty of care under Health & Safety law to ensure that, as a bare minimum,  a work related risk assessment has been undertaken, the results of which must be acted upon in an appropriate manner. This applies regardless of whether the vehicle is company owned, a hire vehicle, or is the employees own.

Please make use of our FREE online risk assessment tool and please contact us for details of our FREE driver policy document.