Prosecutions
Cotswold Geotechnical Holdings has become the first company to be convicted of the new offence of corporate manslaughter.
A young geologist was killed whilst working for the company on 5 September 2008. He was investigating soil conditions in a deep trench on a development plot in Stroud when it collapsed and killed him.
The Crown Prosecution Service (CPS) told the court that the geologist was left working alone in the 3.5 metre-deep trench to 'finish-up' when the company director left for the day. The two people who owned the development plot decided to stay at the site as they knew the geologist was working alone in the trench. About 15 minutes later they heard a muffled noise and then a shout for help.
While one of the plot-owners called the emergency services, the other one ran to the trench where he saw that a surge of soil had fallen in and buried the geologist up to his head. He climbed into the trench and removed some of the soil to enable him to breathe. At that point, more earth fell so quickly into the pit that it covered him completely and, despite the plot owner’s best efforts, he died of traumatic asphyxiation.
The prosecution's case was that the geologist was working in a dangerous trench because Cotswold Geotechnical Holdings' systems had failed to take all reasonably practicable steps to protect him from working in that way. The jury found that their system of work in digging trial pits was wholly and unnecessarily dangerous. The company ignored well-recognised industry guidance that prohibited entry into excavations more than 1.2 metres deep, by requiring junior employees to enter into and work in unsupported trial pits, typically from 2 to 3.5 metres deep. The young geologist was working in just such a pit when he died.
There was no person in the dock during the three-week trial as it is the company, rather than an individual, which is charged with corporate manslaughter.
The case was investigated by Gloucestershire Constabulary and supported by the Health and Safety Executive.
Sentenced on 17 February 2011, Cotswold Geotechnical Holdings were fined £385,000.