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Health and Safety

The Health and Safety Executive (HSE) is the national independent regulator for work-related health, safety and illness.

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, there is a vast amount of regulations relating to health and safety, the contravention of any one of which can result in an offence being committed.

Investigations

We can provide advice to any individual or company facing an investigation by the HSE and can assist with responses to any notices that the HSE may have served.

We also have extensive experience of advising and representing Company Directors in interviews under caution, should this be required.

Prosecution

Not all investigations by the HSE will result in a prosecution. In dealing with the HSE during investigations or the issuing of Notices, our proactive work is designed to try and avoid the possibility of a prosecution ensuing.

Improvement Notices

Section 21 of the Health & Safety at Work Act 1974 allows the HSE to issue an Improvement Notice. This will happen where an Inspector is of the opinion that a person:

  1. Is contravening one or more of the relevant statutory provisions; or
  2. 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 require the contravention to be remedied 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. Our team of Health and Safety lawyers are able to advise about Improvement Notices.

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 a risk of serious personal injury.

In those circumstances an Inspector may serve a Prohibition Notice setting out the matters which give rise to the risk and direct that the activities to which the notice relates cease, until the matters specified in the notice have been remedied.

A breach of a prohibition notice is a criminal offence.

Our team of Health and Safety lawyers are able to advise about Prohibition Notices.

Gross Negligence Manslaughter

Where a fatality has occurred, individuals can be investigated or prosecuted for gross negligence manslaughter.

There is a three stage test for gross negligence manslaughter:

  1. Applying the ordinary principles of negligence, is a defendant in breach of a duty of care towards the deceased?
  2. If so, did the negligence cause the death?
  3. If so, having regard to the risk of death involved, was the defendant’s conduct so bad, in all the circumstances, as to amount to a criminal act or omission?

Our health and safety lawyers understand the devastating effect that an allegation of gross negligence manslaughter can have on an individual and will rigorously protect your interests.

Corporate Manslaughter

The offence of Corporate Manslaughter came into force in April 2008. An organisation is guilty of an offence if the way in which the senior management manage or organise their activities cause a persons death, which amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

Corporate manslaughter relates to corporate liability and does not therefore apply to individuals. However existing Health and Safety legislation and gross negligence manslaughter will continue to apply to individuals.

Corporate manslaughter cases will involve a joint investigative approach between the HSE and the police/CPS.

If convicted of corporate manslaughter, companies can face penalties of unlimited fines, remedial orders to take steps to remedy any management failure that led to a death and publicity orders, whereby a company can be ordered to publicise its conviction.

Our Health and Safety Lawyers can pro-actively defend an organisation that is accused of corporate manslaughter, understanding the commercial implications to a business. We can also represent a company to protect its interests before a Coroner’s Inquest.

Recent Developments

From September 2011, the ways in which employers report incidents to HSE will change. Businesses will still be able to notify fatal and major incidents and injuries by telephone, but all other reportable work-related injuries and incidents under RIDDOR (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995) will move to an online system.

Contact us

If you have any queries concerning a Health & Safety investigation or prosecution, then please contact one of our specialist Health and Safety lawyers for advice.