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.
Incidents that will be investigated are:
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.
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.Contact Us Today
Please submit your information and a member of the Poole Alcock team will respond to you as soon as possible. If you have a quick question, please feel free to call 0800 389 7093
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