The word “investigate” in relation to accidents does not appear in the Management of Health and Safety at Work regulations- regulation 3 which relates to risk assessment (3) Any assessment such as is referred to in paragraph shall be REVIEWED by the employer or self-employed person who made it if:
(a) There is reason to suspect that it is no longer valid; or
(b) There has been a significant change in the matters to which it relates; and where as a result of any such review changes to an assessment are required, the employer or self-employed person concerned shall make them.
As I have said if they (the HSE) said you had to investigate they would have to describe the sort of investigation that they wanted- it would be too easier for the employer to simply conclude that it is the fault of the employees etc. People say that there is an implied duty to investigate but the courts only apply the law as it is written not implied.
The Woof Reforms are part of the Civil Procedure Rules. These were introduced to speed up civil actions in the courts and stop cases being dragged out by defendants. They allow for certain sanctions to be imposed on parties who mess up the process as set out in the Rules.
These sanctions are not criminal sanctions. Sanctions include:
• pay some or all of the costs of another party
• pay a higher rate of interest on particular damages awarded, or for a particular period.
• forgo interest on a particular item of damages or for a period.
The rules states that certain documentation must be provided on time to the claimant, including any reports of an investigation into the accident. Nowhere does it say that such an investigation must take place. If an investigation takes place after a claim is lodged as a result of a request by the defendant’s solicitor, it can, apparently, be treated as confidential and does not have to be disclosed to the claimant.
I am not saying that you should not investigate and if a case is found against you then the judge can take into account the lack of any sort of investigation as evidence that you do not take Health and Safety seriously and they will adjust any fines etc accordingly. But you cannot be prosecuted or otherwise held legally to account simply for not having carried out an investigation.
In a civil case the amount of compensation that is paid out is based solely on the amount of loss that the claimant suffered. British courts do not issue any punitive damages, in simple negligence cases. Note that the sanctions under Woolf refer to the additional costs not the level of compensation.