“The objective of prosecutions for health and safety offences in the work place is to achieve a safe environment for those who work there and for the other members of the public who may be affected. A fine needs to be large enough to bring that message home where the defendant is a company not only to those who manage it but also to its shareholders.” Per Scott Baker J in R v Howe Engineering Ltd

Health and Safety Prosecutions are on the rise and it is vital that firms take specialist legal advice as soon after an incident has occurred as is possible. Faced with being questioned by the police about a criminal offence, few people would not think that it was prudent to have their solicitor present. A similar view should be taken in relation to enquiries carried out by the HSE. Many firms do not instruct lawyers until after the HSE investigation has been carried out and the decision to prosecute has been made. Often at this stage the damage has already been done.

Did you know, for example that an internal investigation carried out by a firm, either by its own people, or by an external HSE consultant would be a document which would need to be disclosed to the HSE at a later date. Statements taken by a solicitor, however, in anticipation of possible criminal proceedings, would be a legally privileged document and would not have to be disclosed. For this reason it is sensible to talk to lawyers at the first opportunity. It is also advisable to take advice if served with an Improvement Notice. Whilst the action required by the Improvement Notice may not be onerous, a failure to appeal such a notice could be enough to amount to an admission of guilt at a later HSE prosecution.

At McHale & Co. we can offer specialist advice in relation to HSE investigations and prosecutions. Our point of contact is Andrew McHale who has over 12 years of experience of dealing with matters in the Criminal Courts. To arrange a meeting to discuss matters further please contact Sue Pyatt on 0161 928 3848.