Directors’ response to workplace accidents

Personally on the hook

For a company, any breach of the Health and Safety at Work etc. Act 1974 (HSWA) or the Environmental Protection Act 1990 (EPA) is a serious matter. But it can also lead to individual directors being prosecuted. If found guilty, they may face a huge personal fine or, even worse, a prison sentence; this all depends on the gravity of the incident and their own level of responsibility.

Under investigation

When a workplace accident occurs, the Health and Safety Executive (HSE) and/or the Environment Agency (EA) will usually attend your premises and conduct a thorough investigation. If there’s been a death, or other serious injury, the police will also become involved in the matter. As a result, the directors will probably have many questions to answer.

Regulatory powers

During an accident investigation the police have extensive powers to search for, and seize, evidence. They also have the power of arrest. Inspectors from the HSE and EA don’t have such a wide range, but they can still:

1. Forcibly access your premises (if necessary).
2. Take samples, measurements and photographs.
3. Require you to produce documentation.
4. Interview the directors and/or any employees about the incident.

Rules of PACE

All interviews - whether they’re conducted by the police, HSE or EA - are carried out under the Police and Criminal Evidence Act 1984 (PACE). Anyone who’s been on the receiving end of one knows that it’s a serious matter. This is because the police officer, or HSE/EA inspector, has a genuine belief that an offence has been committed and is looking to prosecute.

It’s better to co-operate

If you’re asked to attend a PACE interview voluntarily, i.e. you’ve not been arrested, you can decline. This isn’t an offence in itself, but it is a risky option. Should you face formal proceedings later, the court will almost certainly draw an adverse inference from your reluctance to co-operate, i.e. in the event of a conviction, it’s likely to come down much harder on you.

Tip 1. If you adopt a co-operative stance from the start, it’s a powerful point to make in mitigation should a prosecution follow. There’s no need to go out of your way to help, just don’t be obstructive.

Tip 2. Always exercise your right to have a solicitor present at any PACE interview, even a voluntary one. This might seem like you’re putting things on a more formal footing but, in reality, this isn’t a cosy chat. The police, HSE and EA can’t refuse you this legal right; they will just have to wait for your legal representative to attend.

Tip 3. Finally, unlike the police, HSE and EA inspectors don’t have a general power to search premises. If there’s no allegation of an offence, one can only be conducted with the directors’ consent.