Posted By Jonathan Vitta Good Morning What are the implications of a person that has had an accident but refuses to be interviewed for the purposes of subsequent investigation? Does the company simply note that the victim has refused or can the company insist on it? secondly are there any guidelines on the amount of aerosol cans in any one room/laboratory/storage area? I have just started my first Health and Safety role and want to ensure that I pass on the correct advice. Thanks Jonathan

Posted By Nick Higginson Jonathon Under Health & Safety at Work Act, all employees have a duty to co-operate with their employer on h&s matters. Theoretically, refusal to co-operate is a criminal offence and could be construed as misconduct (obviously the terms of your disciplinary procedure are important here). Is there a particular reason why he is refusing to co-operate? Regards Nick

Posted By Mark Talbot Although it could be a criminal offence for them not to cooperate, your company would be wise not to use threats to 'make him talk' - there are other criminal laws protecting people from mistreatment. I prefer your original proposition of recording their non-cooperation, and if serious and you absolutely must know, maybe you should engage with your enforcement authority. They have proper powers in law to require answers from them [there is no right to silence here].