Rank: Forum user 
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I have been looking through a few of the Regs as well as going on the HSE website without success so can anyone advise/quote the legal requirement for preserving the scene of a serious workplace accident, currently rewriting our out of normal hours working procedures and I would like to be able to quote the exact regulation if there is one. Thanks
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Rank: Super forum user
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Hi Larry
To my knowledge, there is no explicit, specific requirement to even investigate under H&S law!
You must look to other criminal law to derive the legal requirement to preserve and investigate.
Another of those very sensible requirements that have never actually made it into sensible H&S regulation - too much red-tape I suspect; given the reduction of topics that even have to be reported.
Frank Hallett
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Rank: Super forum user
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Just re-read my previous maundering!
I was referring to the non-requirement of workplace controllers to conduct investigations; not the HSE - the rules are different for them.
Frank Hallett
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Rank: Forum user
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I think this question does highlight the problem of not being able to contact your HSE inspector directly.
In the past if a serious accident occurred I was able to contact the local inspector and ask if the accident site could be cleared.
I also contacted the insurers, again to seek their view.
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Rank: Super forum user
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Is this what you are looking for in relation to investigations by inspectors?
“Health and Safety at Work Act 1974 Section 20 para 2(e)-
as regards any premises which he( the inspector) has power to enter, to direct that those premises or any part of them, or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (d) above;”
So it is down to the inspector to direct that the premises be left undisturbed- rather than a requirement it be left undisturbed until the investigation takes place.
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Rank: Forum user
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I,m looking really for a legal back up to stop staff on night shift, in the unfortunate event of a serious accident, from clearing or altering the scene before myself or other senior managers can get in to investigate.
I was thinking of listing RIDDOR reportable accidents as a starting point and/or if an ambulance is required then we should be contacted and the machine and/or area left undisturbed until otherwise instructed by certain named staff.
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Rank: Super forum user
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I think that is down to company policy and how you deal with incidents internally
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Rank: Forum user
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Company policy it is then, thanks for everyones input.
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