Health and Safety
Unlike other criminal offences, health and safety breaches are rarely committed deliberately. Unfortunately, proof of intent, knowledge or neglect is not always a pre-requisite to prosecution. The Health & Safety Executive (HSE) and other enforcement agencies (including, on occasion, the Police) enforce the law with a presumption in favour of prosecution.
No matter how conscientious an organisation might be, accidents and incidents occasionally happen. These may lead to an investigation by the Police, HSE or a local authority. Many organisations are finding that their working practices are subject to increasing scrutiny by regulatory bodies with focus on individual liability leading to prosecutions of companies and individuals for serious offences, including corporate manslaughter.
The response to those incidents and subsequent investigations has a significant influence on any subsequent enforcement action, not only in terms of whether action is taken but also, crucially, how such action may be pursued.
Our solicitors find that these cases can result in substantial financial penalties and sometimes even custodial sentences.
What should you do if faced with a prosecution?
As soon as a Health and Safety investigation begins, it is crucial to contact a solicitor straightaway. At the start of investigations, a prosecuting agency will gather evidence and interview parties with the aim of identifying those responsible and considering whether a prosecution is appropriate.
Everyone involved in a Health and Safety investigation should be represented by a solicitor from the outset so that their interests are protected. Seeking early legal advice could potentially influence the outcome of an investigation.
What can we do for you?
- > Our lawyers can appeal on your behalf against health and safety prohibition and improvement notices and help to ensure that work can continue at your premises.
- > Prosecutions for breaches of health and safety can impact on an organisation’s insurance liabilities, their civil liabilities and can attract significant press attention. KSP Solicitors are experienced in ensuring that this kind of damage is limited.
- > We can attend interviews with you, advise on the law and assist in the investigation of an accident.
- > Most importantly, receiving legal advice immediately after an accident and before any Health and Safety investigation means that those being interviewed will be aware of the law surrounding this complex area and will be in a more informed position to answer questions.