1 

 Pre-planning can be critical.

Think about what arrangements you have in place.   Do all key staff members  know where to go for immediate advice and who to contact out of hours?  Fisher Scoggins Waters, specialist construction and engineering lawyers offer clients an expert emergency response service to brief key staff, liaise with investigating authorities (the Police or Health and Safety Executive) and put in place a communication network and sound response strategy.  We regularly appear as advocates for  clients at all levels of the criminal justice system in defence and mitigation of charges arising out of health & safety and environmental incidents.

2

Internal Investigation.

Poor internal incident investigations can take an incident from bad to worse. A professional investigation team is highly recommended with knowledge of what to look  for and who to speak with. 

 3

  Improvement notices and prohibition notices.

 If the inspector considers the activity being carried out involves or will involve a risk of serious injury under the Health & Safety at Work etc Act 1974 he/she may serve a notice to stop the activity in question or take some other action. We can advise on the validity of a notice, the effect of the notice on your business operations,  and provide representation at any appeal to the Employment Tribunal. 

 4

 HSE and Police Interviews

 It is important to know your rights whether you are being interviewed by the Police or a Health and Safety Executive ("HSE") Inspector.  We will be able to take you  step by step through process, advising on the powers under Health & Safety at Work etc Act 1974 ("the HSWA") that an Inspector has and/or powers of the Police  under the  Police and Criminal Evidence Act. ("PACE") If prosecution is unavoidable, our Solicitors will give sound tactical advice on Basis of Plea, Defence,  Mitigation and Penalties. Our HSE Solicitors will provide advice and representation throughout the prosecution process. 

 5

 Coroners' Inquest.

Where the incident has resulted in a fatality there may well follow a Coroners Inquest. We are able to attend on your behalf as Interested Persons and ask questions of witnesses.