Health and Safety Prosecutions
Health and safety law in the UK is designed to protect employees, visitors, and the public from risks posed by workplaces and work activities.
The Health and Safety at Work etc. Act 1974 (HSWA) is the primary piece of legislation that sets out employers’ responsibilities and establishes standards for health and safety. The Act requires employers to take all reasonable steps to prevent harm by maintaining safe working conditions, training employees, and implementing risk assessments. Non-compliance can lead to severe penalties, including prosecution, fines, and in some cases, imprisonment.
At Allen Hoole Solicitors, we are the largest firm in the South West of England with a highly experienced team of solicitor advocates. We provide expert representation during both the investigation and prosecution stages of health and safety cases, helping clients navigate complex regulations and avoid or mitigate penalties.
Common Types of Health and Safety Prosecutions
Workplace Accidents
The most common reason for health and safety prosecutions arises from workplace accidents that lead to injury or death. Employers must provide a safe working environment and maintain equipment, ensure proper training, and implement appropriate safety measures. Failing to do so can result in prosecution if an accident occurs due to negligence.
Unsafe Work Equipment or Practices
Employers are legally required to ensure that all work equipment is safe and properly maintained. Cases involving faulty machinery, inadequate safety procedures, or hazardous materials handling frequently lead to investigations and prosecutions, particularly if these failures have led to incidents.
Failure to Conduct Risk Assessments
Employers are expected to conduct thorough risk assessments to identify potential hazards and implement preventative measures. The Management of Health and Safety at Work Regulations 1999 outlines these obligations in detail. If an employer fails to conduct adequate risk assessments and an accident occurs, they could face prosecution.
Exposure to Hazardous Substances
Under the Control of Substances Hazardous to Health Regulations 2002 (COSHH), employers must control exposure to harmful substances such as chemicals, dust, or fumes. Failure to properly manage these risks can result in significant legal consequences, especially in industries such as manufacturing, construction, and agriculture.
Breaches of Working at Height Regulations
The Work at Height Regulations 2005 apply to industries where employees work at elevated heights. Employers must take precautions to prevent falls, which are a common source of workplace injuries. Non-compliance can result in prosecution, particularly in the construction sector where fall-related incidents are common.
Health and Safety Investigation Process
Initial Investigation
When an accident or serious incident occurs, the Health and Safety Executive (HSE) or local authority may begin an investigation. This can include site inspections, interviews, and a review of safety policies. Inspectors are empowered to gather evidence, examine equipment, and issue Improvement or Prohibition Notices if they identify immediate hazards.
Interview Under Caution
If inspectors believe a breach of health and safety regulations has occurred, they may invite the business owner or manager to an interview under caution. This is a formal procedure conducted under the Police and Criminal Evidence Act 1984 (PACE), and anything said during this interview may be used as evidence in court.
Decision to Prosecute
Following the investigation, the HSE or local authority will determine whether there is sufficient evidence to prosecute. If they decide to proceed, the employer will receive a formal notice of prosecution, outlining the charges and providing a date for the court hearing.
Available Defences in Health and Safety Prosecutions
At Allen Hoole Solicitors, we review every case carefully to determine the best defence strategy. Common defences in health and safety cases include:
- Due Diligence: If the employer can demonstrate that they took all reasonable steps to comply with health and safety obligations, they may present a due diligence defence. This involves showing that the business took proactive measures, such as regular training, maintenance checks, and risk assessments.
- Procedural Errors: The HSE must adhere to strict procedural guidelines when conducting investigations. If they fail to follow these procedures, such as not issuing proper notices or failing to collect evidence lawfully, it may weaken the case against the defendant.
- Challenging Evidence: In many cases, expert evidence is required to establish a breach. We work with leading health and safety experts who can challenge the prosecution’s claims, offering alternative explanations or identifying weaknesses in the evidence.
Why Choose Allen Hoole Solicitors?
Our experience and resources give us an advantage in defending clients facing health and safety investigations and prosecutions. With a large team of experienced solicitor advocates, we are well-prepared to navigate the complexities of health and safety law. Additionally, we work closely with industry experts who provide invaluable support in building a robust defence.
If you are facing a health and safety investigation or prosecution, Allen Hoole Solicitors can provide the expertise and representation you need to secure the best possible outcome. Contact us today to discuss how we can help.