Posted By Barrie M Dexter We had an accident in our factory the other night and an ambulance was called. As is normal when you call an ambulance to a workplace accident the police arrived and where allowed on site. Our Distribution Leader as now instructed the security team that they should not have let the police on site and if in the future this occurs again to refuse access to the police. Can we do this ? I don't think we can. If we do refuse the police access what are the implications?

Posted By Martin Gray There is a protocol published by the HSE for the police and H&S enforcing authorities. The police are the lead initially for for work related accidents they will attend the scene as it is technically a crime scene and they are responsible for the securing of the accident area and ensuring nothing is removed (only the patient). Therefore you cannot ban the police from the scene. A word of caution the employee or manager who prevents the police from attending could be arrested for obstruction. Whilst the officer is at the scene the control room will take advise from the HSE or enforcing authority as to whether or not they wish to send an Inspector to the scene or whether the companies normal reporting and investigation process is acceptable to them. Once this has been decided then the police will follow the enforcing authorities requirements.

Posted By Adam Jackson I think its reasonable to insist they comply with any hygiene / changing requirements, otherwise let them in. To keep them out just seems churlish and as though you're hiding something. I once had a farm manager phone me. He was very pleased with himself that two HSE inspectors had turned up at the farm but he'd refused to let them in, he'd "won" and they went away again. His reason was that they had just come from another farm but under company procedures nobody was allowed into a farm unless they'd been clear of all other livestock for at least 3 days. Sadly he neglected to tell the HSE chappys that and just said "no". Cue much grovelling and explaining! Once it was explained the HSE actually were very co-operative and agreed that if they were going to visit they would do it first thing on a Monday when they'd had clear weekends. Unless there's been a specific crime there's no reason why it wouldn't be reasonable to expect the police to follow that.

Posted By ken mosley A couple of points worth considering. The police will enter premises where they suspect a crime has been committed and it is assumed to include a breach of H&S (criminal) law. The HSE have powers of entry to premises and can take a constable along with them if they feel entry will be denied (HSWA sect.20). The protocol which has been mentioned was introduced in 1998 and is "Work Related Deaths - A Protocol for Liaison". This is a protocol between HSE, CPS and ACPO, but it only refers to work place deaths where HSE are the enforcing authority. The HSE cannot investigate or prosecute general criminal offences. Manslaughter is such an offence but there others. The police also need to establish the circumstances surrounding a workplace death to assist the coroners inquest. My advice would be to co-operate with the police as there is nothing to be gained if you don't.

Posted By Barrie M Dexter Thanks to everone who has responded to my query. I have explained the circumstance to the leader involved and the situation has now been resolved. Barrie