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Health and Safety Investigations and Prosecutions

An investigation or prosecution by the health and safety executive can be devastating to your business.

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Health and Safety Specialists

If you and your business have been informed that you are under investigation, or that you are being prosecuted by the health and safety executive, then it is essential that you receive specialist legal advice.  Health and Safety Law can be a complex and confusing area.

Health and Safety Executive (HSE), or Local Authority investigations can begin as a result of a complaint, an accident at work, a routine inspection, or following a report made by an employer in accordance with their duties under Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.

The HSE or Local Authority will investigate if it is believed that you or your business have failed, so far as reasonably practicable, to ensure the health and safety of employees and members of the public.

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Which Health and Safety Incidents will Lead to Investigation?

Incidents that will be investigated are:

  • Corporate manslaughter
  • Gross negligence manslaughter
  • Falls from a height
  • Injuries in the workplace
  • Work related illness
  • Asbestos exposure

In almost every investigation, you will be invited in for an interview under caution.  It is vital that you have representation at that interview.  An interview under caution is used to gather evidence against an individual or business. What is said in an interview can make the difference between whether a case is pursued to prosecution or not.  Therefore an interview under caution must be carefully managed.

Following an interview under caution, a decision will be made as to whether the case is to proceed to prosecution.  At Poole Alcock we can assist you in making representations to the HSE or Local Authority as to why a prosecution should not be pursued.

A proven breach of health and safety regulations will result in criminal conviction. It can also result in very high financial penalties for businesses and even custodial sentences for individuals.  A conviction can therefore be devastating to a business, not only financially, but can seriously damage long standing reputations.

Contact Us Today

Call a member of our team on 0800 389 7093 or using our contact form. We will be happy to discuss your case and provide you with a no obligation quote.

At Poole Alcock we can assist you in defending allegations that have been made against you or your business, regardless of what stage your case is at.  Our experts at Poole Alcock can provide you and your business representation at interviews under caution, and at the Magistrates and Crown Court.

We offer competitive rates for representation and advice and are happy to discuss a fixed fee arrangement.

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Contact Our Conveyancing/Property Law Team

If you have a question about conveyancing or would like to speak to a property law solicitor, please complete the short form below or call us for free on 01270 625478.

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