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Posted By Mark H Manser
Is there a legal requirement for someone who observes an accident at work, to provide a witness statement?
Mark
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Posted By steven bentham
ENFORCEMENT OF CRIMINAL LAW
If you are a witness to an accident any Inspector can take either a voluntary written statement or a non-voluntary Section 20 Statement.
The Police can also take voluntary statements from witnesses.
If you may be implicated in a possible crime as a suspect you will be Cautioned and allowed access to a lawyer or can remain silent. If an Inspector or a Policement thinks that you may be a suspect he should caution you.
Others may have similar powers; Customs Officers, Trading Standards Inspectors, Fisheries Protection Officers, Marine Investigators, Air Investigtors all have a legal right to take statements from witnesses.
If you are asked my advice is to cooperate, but always ask for a copy, make sure you tell the truth!!!
If they are taping the interview then you are suspect and will be cautioned and asked if you want your lawyer present. Its very naughty to be asked significant questions of a suspect outside of the taped interview.
CIVIL ACTIONS
Your employer, insurance company and their legal representatives can request a voluntary statement from you. You can of course decline, you may get brought to Court and asked questions by the Court, (neither side will want a hostile witness as it XXXS up their case!!)
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Posted By steven bentham
The use of a 'Caution' to 'suspects' who are interviewed does not apply to Scotland and Jersey.
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Posted By Lee Thompson
Presuming the witness is an employee, could they not be deemed to be obstructing the employer from complying with their health and safety duties, in this case an accident investigation, by refusing to provide a statement?
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Posted By Andy Bennett
Hi Lee,
You must remember that the employee has a legal right to remain silent or make no comment especially if they feel they may incriminate themselves. Also the original Intention of the statement is to establish the truth or the facts, if an employee is under pressure to give a statement they may well twist the facts, also if this resulted in civil action against the company would this employee be used as for the company or by the claiment...either way they caould turn out to be a hostile witness.
If at all possible it might be better to seek the facts through other means or just settle for the information you have to date...
Another suggestion would be to approach it from another angle, perhaps the employee is worried and does not understand the system or thinks that they might be in trouble. Explain to reason for the investigation to prevent reoccurrance to other employees such as themsleves......that the investigation is not a punative but seeks to make there work place safer.. etc etc.......just some ideas if they help
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Posted By Lee Thompson
Andy,
I wasn't the original poster, but thank you for clarifying my query.
I'm sure it will be of help to Mark. :)
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Posted By steven bentham
Mark
An employee who is a witness to an accident MUST give information to any investigating HSE or Env Health Inspector or they would be obstructing the Inspector. Although it would be very rare for an inspector to bring obstruction charges. I think you will find that they do not have a right to remain silent in these circumstances (only suspects do after they have been cautioned by an Inspector)
If your accident is subject to an HSE investigation, it is better to let them take witness statements.
The employer has no right in these cases to take statements and you may well make things worse for yourself if you do. Your employee can be interviewed for a statement by an Inspector without the employer being present at all; if a prosecution case is taken the employer will get all the statements as part of the disclosure process.
If you are taking statements yourself for your employer and their insurers you must be very careful and stick to very factual stuff.
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