Rob Elvin, Hammonds LLP
Customers want a clean record from their suppliers, while corporate social responsibility dictates an exemplary approach to minimising workplace risk and protecting the wellbeing of employees.
EEF’s advice, and services, can help you apply best practice by operating robust health and safety management systems and engaging employees in risk reduction. But what happens when a health and safety investigation turns sour or an incident occurs?
The penalties are harsh - the Health and Safety Executive brings more than 1,000 criminal prosecutions a year with an average success rate of over 70 per cent.
It’s very difficult to eliminate all risk in a manufacturing environment, and once an incident occurs, the burden of proof shifts to the defendant.
So if you come under investigation, it’s essential to decide on and apply the right strategy straight away.
Rule number one is to stay in control. That means managing the investigation process in order to avoid self-incrimination. It’s important to know what information the regulator is entitled to and to understand your rights under legal privilege.
The utmost care is needed in dealings with regulators. All is not lost because it is possible to fight a prosecution successfully. Part of your preparation should be to identify potential defences. It’s worth noting that around one in four of the Health and Safety Executive’s prosecutions fail.
EEF members have access to legal support and advice on health and safety investigations and prosecutions under our EEF Advantages scheme. Our legal partner Hammonds LLP offers you preferential rates and 24/7 emergency support.