healthcare update - issue eight
Fatal accidents – do you have a plan if the worst happens?
Although fatal accidents at work are relatively rare, they can
have a devastating impact on the workplace both in terms of
emotional wellbeing of staff and also the ability of your business
to continue to function. According to the Health and Safety
Executive (HSE), over 228 workers lost their lives as a result of
accidents/incidents at work in 2007/08. Despite this fact, it is
often the case that aside from the obvious emergency response
plans, employers often have no plan in place to deal with such a
situation should it occur.
The question therefore arises - if in the hours after a death
the police and the HSE commenced an investigation, attending your
workplace, taking statements, requesting documents and inviting you
or your staff to an interview under caution – would you know what
to do?
In the event of a death in the workplace, the matter would be
initially investigated by both the police and the HSE. The police
would take primacy in the investigation (until any potential
manslaughter or corporate manslaughter charges have been ruled out)
and then the HSE would go on to investigate and consider any
criminal charges under the Health and Safety at Work Act 1974 or
any other relevant statutory instrument.
Investigations into fatal accidents in the workplace can involve
significant time and resource commitment by the organisation
involved. Staff may need to be questioned, statements taken,
interviews conducted, documents seized and in certain
circumstances, equipment can be shut down and/or seized as
evidence. Disruptions to ‘normal business’ can be significant and
it is vital that an organisation’s response to such an
investigation is planned, coordinated and synchronised.
As well as taking specialist legal advice as to police/HSE
powers and how best to deal with a major incident investigation,
organisations should consider appointing an internal ‘liaison
officer’ as the main point of contact in the event of a major
incident or death. This person should be responsible for liaising
with the authorities and ensuring that all requests for
information, interviews, documentation etc are logged and dealt
with. This not only ensures that your organisation presents a
coordinated, professional response, but also allows you to manage
the process of providing information and documentation.
Documents that could be requested by the police/HSE include
health and safety policies, policies relating to the incident,
training records, staff qualifications, training and risk
assessment policies, relevant risk assessments and method
statements, internal investigation reports and supporting
documentation, personnel files and any other documentation relating
to safe working practices.
You may also need to consider taking expert advice in relation
to the events themselves, the equipment involved and the potential
causes of the accident. Additionally you may wish to consider
further expert advice with regard to crisis management or press
coverage.
You may need to deal with requests for information from third
parties such as the family, press, members of the public, employees
or local organisations. This could involve requests under the
Freedom of Information Act and/or consideration of data protection
issues arising from requests for disclosure.
We have advised on the drafting of fatal accident protocols for
organisations which set out the way in which organisations might
respond in the event of a major incident/fatal accident occurring.
Such a document can ensure continuity and allow the organisation to
manage the investigation by, for example, identifying key parties
to be contacted in the event of an incident occurring, listing
sources of legal or expert advice and informing those involved of
their role and the powers of the investigators.
talk to us
save to PDF
The content of this update is provided for the purposes of general
interest and information. It contains only brief summaries of
aspects of the subject matter and does not provide comprehensive
statements of the law. It does not constitute legal advice and does
not provide a substitute for it.