Health and Safety
The Law
The main duties of an employer to employees and others are contained within Sections 2 to 7 of the Health & Safety at Work Act 1974. For example, Section 2(1) says that “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees”.
In addition to the general duties, however, the health and safety regime provides for the introduction of various regulations often governing particular industries. A contravention of those regulations can also result in an offence being committed.
Investigations
Advice can be given in relation to responses to be made to any notice requiring the provision of information as well as interviews under caution. Requests will often be made for individuals to be interviewed under caution in accordance with the Police and Criminal Evidence Act 1984. These are significant interviews as the replies, if any, can be used in any subsequent prosecution.
We have extensive experience of advising persons during interview under caution.
Prosecution
Not all investigations by the Health & Safety Executive (HSE) will result in prosecution. If it does occur, a summons would be issued for a first appearance in a Magistrates’ Court.
If a summons is received, then please contact us as to what steps need to be undertaken in defending the case.
Improvement Notices
Section 21 of the Health & Safety at Work Act 1974 allows for the issue by the HSE of an improvement notice. This will happen where an Inspector is of the opinion that a person:
- (a) Is contravening one or more of the relevant statutory provisions; or
- (b) Has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated.
The notice will state details of the provisions the HSE believe to have been contravened and the reasons why. The notice will also require the person who is the subject of the notice to remedy the contravention within a specified period.
A failure to comply with the notice is a criminal offence.
It is possible to appeal against the issuing of an Improvement notice. We are able to provide advice to any person or organisation who has received an improvement notice and what action, if any, needs to be taken in relation to it.
Prohibition Notices
Section 22 of the Health & Safety at Work Act 1974 provides for the issuing of a prohibition notice as regards any activities where an Inspector is of the opinion that if they are continued they will involve risk of serious personal injury.
In those circumstances an Inspector may serve on a person a notice setting out the matters which give rise to the risk. The notice will also specify the statutory provisions which in their opinion are being contravened and direct that the activities to which the notice relates cease, unless the matters specified in the notice have been remedied.
A breach of a prohibition notice is a criminal offence.
It is possible, however, to appeal against the issuing of a prohibition notice. We are able to provide advice to any person or organisation who has received an improvement notice and what action, if any, needs to be taken in relation to it.
Gross Negligence Manslaughter
In extreme circumstances where a fatality has occurred, the law allows for the prosecution of individuals and corporate bodies for manslaughter where it can be shown that the death resulted from gross negligence.
How we can help
We can be on hand at short notice to advise right from the time that any unfortunate accident occurs. We can deal with the Health & Safety Executive, represent clients during interview under caution and, of course, in any case that comes before the Courts.
In dealing with the HSE during investigations or the issuing of prohibition or improvement notices, our proactive work is designed to try and avoid the possibility of a prosecution ensuing.