Tel: +44 (0) 207 993 6960
Tel: +44 (0) 207 489 2035
03/11/2014
Following on from our series of Corporate Manslaughter Conviction blogs we ask -
The action taken in the immediate aftermath of fatal construction, engineering and manufacturing industrial accidents can be crucial.
Be prepared to respond in 5 crucial areas: 1. Pre Planning 2. Conducting the Internal Investigation 3. Improvement notices and prohibition notices 4. Police and HSE Interviews 5. Coroners Inquests.
Find out about our legal retainers call FSW on 0207 993 6960 or ask your question using the comment box below.
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.
Fisher Scoggins Waters are leaders in health & safety and corporate manslaughter. Our team have advised and assisted clients (construction, engineering, manufacturing, utility and emergency responce services) through many high profile investigations.
For information and advice on being prepared and our emergency response legal retainers please contact us on: +44 (0) 207 993 6960 or ask your questions using the box below.
Follow our company page on linkedin for future updates and our views on the latest developments
Share:
< Back to Posts
27 November 2019 | Bloomsbury, 50 Bedford Square, London, WC1B 3DP
Recruitment