Corporate manslaughter warning to
businesses
St John Ambulance is urging businesses to
ensure proper health and safety measures are in place in the wake
of the first corporate manslaughter trial verdict
on 15 February. The organisation is warning that safety
must be paramount to prevent tragic accidents from
happening and to avoid suffering legal repercussions and an
unlimited fine.
A tragic death
In September 2008, 27-year-old geologist Alexander Wright was
employed by Cotswold Geotechnical Holdings Ltd to take soil samples
from inside a pit. The pit had been excavated as part of a site
survey near Stroud in Gloucestershire but the sides of the trench
collapsed on top of Mr Wright, leaving him unable to breathe.
The company's managing director, Peter Eaton was too ill to
stand trial, but the company was charged with the death of Wright
by gross negligence under the Corporate
Manslaughter Act 2007.
This case should serve as a deterrent
The company's managing director, Peter Eaton was too ill to
stand trial, but the company was charged with the death of Wright
by gross negligence under the Corporate Manslaughter Act 2007 and
charged with breaching the Health and Safety at Work Act. On the 15
February a guilty verdict was reached and the company were ordered
to pay £385,000, which it could pay back at a rate of £38,500 per
annum. As the company is small, the judge Mr Justice Field, said
that a larger fine may put this company into liquidation and cause
job losses. However, he added that the repayments may still result
in it liquidating, in which case it is an unfortunate but
unavoidable consequence of the serious breach and that this should
serve as a deterrent to others.
Employers held accountable
In 2009/10 there were 152 deaths in the workplace. Research by
St John Ambulance* found that worryingly, over 15% of businesses
have never carried out an assessment to determine risks within the
workplace and therefore how to protect staff.
The nation's leading first aid and health and safety
organisation is encouraging businesses to learn how to
prevent workplace accidents.
Richard Evens, Training and Marketing Director at St John
Ambulance said:
'We hope this case will inform employers in all sectors.
Stringent processes must be in place to avoid a repeat of this
tragic accident. The Corporate Manslaughter Act is there to
safeguard against lax attitudes to health and safety by
holding employers accountable for neglecting their duty of care to
workers, visitors and customers. Our thoughts are with the family
and friends of Alexander Wright.'
*2,800 businesses were surveyed in September 2009