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Posted By Nick Tracey
I have just viewed the comments below, being an extract from advice posted on the web by legal adviser's regarding this subject.
The police will investigate the new offence and will attend the scene of a work-related death. They have wide powers to seize evidence and interview witnesses and the company should have legal advice at an early stage.
Employees and others should be told to avoid creating documents (including emails) speculating about the causes of the incident, as these are potentially disclosable unless protected by legal privilege.
Finally, companies should be reviewing their insurance arrangements to ensure that there is adequate cover for legal defence costs in the event of a criminal prosecution.
The second paragraph is what I found to be interesting. Does this suggest incident investigations and subsequent reports should not be recorded?
Discuss
Nick Tracey
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Posted By David Bannister
Very down after today's football I decided to take a look here to raise my spirits. So sad!
Nick, I see this as an example of the fear of being sued/prosecuted mentality that is slowly coming to affect corporate safety activities, rather than a genuine desire to make performance improvements in H&S.
You note it is a lawyer putting forward this view, not a safety professional.
Whilst we want to learn and stop future incidents, lawyers advise their clients on limiting liability, often after the event - a subtle difference we should all be aware of. There is room for both activities but occasionally they come in to conflict. I'm not a lawyer but do nevertheless attempt to limit liability for my clients.
My view is that if we have been negligent it will probably be discovered anyway, particularly after a major event when everyone and his dog are involved in the investigation. Our own investigations should still be done.
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Posted By Raymond Rapp
Nick
There is no smoke without fire springs to mind. I am not a lawyer either but I know where the one you have quoted is coming from. First, it would be good practice for organisations to have a workplace death protocol. This would ensure that sensible practices are put in place, which include obtaining legal advice at an early stage.
It is correct that the police will lead any workplace fatality, much as they do now, and the HSE will take over if corporate manslaughter charges seem unlikely.
Organisations are unlikely to obtain legal aid and therefore will have to bear the costs of any subsequent case. For large enterprises this may not be a major problem, but not the case for SMEs.
With reference to your 'second paragraph', this is just a bit of dare I say 'common sense' advice. Clearly, any written information whether true or not could be used in evidence. Loose talk by certain individuals may prove to be unhelpful for the company. No, normal reporting need not be a concern, unless that is, there is something to hide...
Regards
Ray
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