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Posted By Lynda 00
I was called into work late one evening due to an accident at the company where i work and upon my arrival found that the police had been in, taped the area off and were on their way to the hospital to interview the injured person. I was informed that they would be returning to site to see me afterwards.
It seems that when the call was made for an ambulance the police had picked this request up on their radio. When they returned they gave me an incident number told me that they had informed the hse and decided that no foul play had taken place and that it was an "accident".
I have only been employed by this company for 4 months but apparently this is normal in this area the police turn up everytime an ambulance is called.
Has anyone else experienced this? I'm not complaining that they attended, as i live a 30 minute drive from where i work and at least they had isolated the accident scene for me but am i to expect a police visit everytime ?
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Posted By JasonGould
Yep it is normal.
They need to assure themselves that no foul play took place e.g. an assault had actually occured etc.
Thats what I was told when they came to see me at the hospital after a work accident.
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Posted By steven bentham
The emergency services do work together with the HSE. Where there has been a death at work or the injuries may lead to death, the Police are notified.
HSE have a joint enforcement procedure [Death at Work Protocol] that explains this.
This is to ensure the correct investigation can take place by either the Police or HSE or jointly.
If you have further similar accidents then you may well have joint or visits by either agency.
They are only doing their jobs in investigating potential breaches of the legislation.
I would hope most IOSH members would welcome the Police and HSE undertaking their duties.
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Posted By Raymond Rapp
Lynda
I only thought the police would only get involved if there had been a fatality and not a routine workplace accident. As has been alluded to, the Corporate Manslaughter and Corporate Homicide Act allows for the police to investigate a workplace related fatality. Otherwise it will be the regulatory authorities who will investigate, but even they do not investigate all serious accidents and dangerous occurrences.
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Posted By PJA
About 10 years ago as a regional safety man, I was called by a project manager to tell me of a serious accident that had just happened.
On arriving (approx 30 mins later)at the gates of the site i was greeted by a police officer and a taped off area,I explained who i was and was not allowed on the site,Iwas then told that the HSE inspector would be here to investigate the accident at 1pm which he did.
This accident was serious but not a fatality.
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Posted By Barry Cooper
We had a serious accident 18 months ago, the ambulance was called, and the police arrived with it (three police vehicles and four officers). They remained on site until they were informed that the HSE had been notified.
This was standard procedure
Barry
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Posted By Richard Altoft
Revenge attacks or assaults even murders have been committed in ways that look like industrial accidents. the police have a duty to ensure that foul play is investigated or ruled out so will attend.
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Posted By TonyB
For must workplace accidents that require an ambulance you should expect the police to attend. They will treat the injury as a possible criminal offence that they enforce (assualt, manslaughter etc) until such a time that they are satified that this is not the case. At which point the HSE/EHO will take over and decide if they wish to undertake an investigation. Where both the HSE and the police both believe that offences that they enforce may have occurred (common manslaught due to employers neglect for example) then a joint investigation is undertaken, but the police take the lead.
Just an interesting point - once the police have established that they are satisified that no breach in law has occurred that they enforce, they have no powers. You can ask them to leave site and return anything they have conficated/collected. Its not a good idea, the HSE can give them any required powers until they reach site using their any other powers bit (and it has been done) and I can't see the inspector being that happy about it!
Hope it helps,
Tony.
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Posted By Barry Cooper
If the police refuse to leave when asked, can they be arrested for trespass
Barry
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Posted By jonr
I may be wrong on this, but I seem to think that someone can be charged with manslaughter if their "victim" dies within a year and a day of the incident. if I have remembered this correctly, it would make sense for police to investigate serious accidents in case of a subsequent death. Given the new legislation, perhaps we can expect their attendance at every serious incident.
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Posted By Joe McCluskey
Yep
SOP
I have been to a couple of accidents where an ambulance or Fire Service were called and the police attend as a matter of course.
They call the HSE who will make a decision on it and either telephone or visit.
The HSE have asked for as copy of my factual account and some photos, but have not felt the need to investigate them. ( touches an extremely large lump of mahogany!!)
At no time have I been excluded from the scene (as we do our own investigation also) nor have any of the services been anything other than helpful. In fact they seem to welcome a rapid response from the company.
JOe
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Posted By Haggis JM
We've had ambulances on site twice and no police present...
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Posted By A Campbell
Attended a recent talk from a law firm who warned that the police will be taking a more active part and also a more robust attitude to investigating serious and fatal accidents in the workplace.
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Posted By garyh
I have known it happen if an ambulance is called to site. This happened to me and I was cautioned! (as I was the only Manager around). The incident was workers splashed with hot material from a leak, no hint of violence etc.
Since this is the only time it happened when an ambulance was called, I suspect it was a case of "nothing better to do". It certainly hindered the management of the incident. You can't investigate and answer questions at the same time!
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Posted By John Richards You have remembered incorrectly. It was the "year and a day rule", if one year and one day had elapsed since the death, or accident, then it could not be prosecuted. It has been revoked. http://www.hmso.gov.uk/acts/acts1996/1996019.htm
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