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Firm charged over worker's death | Firm charged over worker's death |
(about 3 hours later) | |
A company has become the first in the UK to be charged under the 2007 Corporate Manslaughter Act. | A company has become the first in the UK to be charged under the 2007 Corporate Manslaughter Act. |
Cotswold Geotechnical Holdings is accused over the death of employee Alexander Wright, 27, who was killed when a pit collapsed in September 2008. | Cotswold Geotechnical Holdings is accused over the death of employee Alexander Wright, 27, who was killed when a pit collapsed in September 2008. |
The junior geologist was taking soil samples at a site near Stroud in Gloucestershire at the time. | The junior geologist was taking soil samples at a site near Stroud in Gloucestershire at the time. |
Company director Peter Eaton is charged with gross negligence manslaughter and could be jailed for life if convicted. | Company director Peter Eaton is charged with gross negligence manslaughter and could be jailed for life if convicted. |
The maximum sentence for the firm is an unlimited fine. | The maximum sentence for the firm is an unlimited fine. |
Mr Eaton is due before magistrates in Stroud on 17 June. Both he and the company also face health and safety charges. | |
'Duty of care' | 'Duty of care' |
The 2007 Corporate Manslaughter Act was brought in to make it easier to bring companies to justice over the death of employees. | |
Kate Leonard, of the CPS Special Crime Division, said that an organisation was guilty of corporate manslaughter if the way in which its activities were managed or organised caused a death, and amounted to a gross breach of a duty of care to the person who died. | |
"A substantial part of the breach must have been in the way activities were organised by senior management," she added. | |
"I have concluded that there is sufficient evidence for a realistic prospect of conviction for this offence." | "I have concluded that there is sufficient evidence for a realistic prospect of conviction for this offence." |
The prosecution was likely to be the first of many under the new legislation said Kevin Elliott, a regulatory partner at the law firm Eversheds. | |
Many work-related fatalities which occurred after April 2008 were currently under investigation for corporate manslaughter, he added, saying the offence took significant investigation by the police. | |
But Mr Elliot said there were still still questions as to how the legislation relating to corporate manslaughter should be interpreted. | |
"In the meantime the message to all organisations could not be clearer - you must ensure your business is properly managing health and safety at all levels and that all applicable legislation and guidance is adhered to." |