Bristol Crown Court is to hear the first case of corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act, 2007.

The death of Alexander Wright in the course of his employment with the company led to the prosecution of the company under the Corporate Manslaughter and Corporate Homicide Act 2007 and the Health and Safety at Work etc. Act 1974. The company was alleged to have failed to ensure the health, safety and welfare of its employees and thus to have infringed Section 2 of the Health and Safety at Work etc. Act 1974.

In addition, a director of the company, Peter Eaton, was also alleged to have infringed Section 37 of the same Act. According to Section 37, senior officers of the company shall be liable for offences which are committed with their sanction or collusion or due to their negligence in performance of their duties.

Make sure you, and your board of directors, understand the importance of recently introduced corporate manslaughter legislation and your organisation is well equipped to deal with a serious accident or fatality at work. Workplace Law offers a one-day Corporate Health and Safety Briefing; the course covers the syllabus of IOSH Directing Safely which has been specially designed to help directors and senior managers comply with health and safety legislation and to ensure that they discharge their duty of care towards employees, contractors and members of the public.

No plea of guilty has been submitted by the company or by the director, and advocate Angela Phillip of firm Osborn Abas Hunt, says no plea whatsoever will be submitted before August, 2009, which is when the court will schedule the Plea and Case Management hearing for the case.

Currently, the court proceedings are at the stage of Preliminary Hearing in Bristol Crown Court, which is an executive hearing in order to decide when the prosecution and defence statements will be served. The court will decide the future course of action in the administrative hearing.

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