Health and safety is a specialist area of criminal and regulatory law. It is an area which is often neglected both by general criminal law firms and by civil construction practices.
Effective representation of clients in this area demands not only knowledge of the practice and procedures of the Health and Safety Executive and other investigating and prosecuting bodies but also practical sector knowledge of the industries concerned.
Beale and Company has an unrivalled expertise in health & safety matters in the construction and related industries, whether arising from accidents on site or involving broader design issues.
Recent investigations and/or prosecutions where we have acted include:
- Fatal accident involving erection of hangar doors. Engineer acquitted at Liverpool Crown Court of offences under s3 Health & Safety at Work Act and Construction (Design & Management) Regulations. Costs awarded to our client.
- Fatal accident on pipelaying contract where labourer crushed by runaway dumper truck. Prosecution of consulting engineer (and a director in his personal capacity) for alleged offence under s3 Health & Safety at Work Act in respect of engineer’s consent to method statements and failure to suspend works for alleged unsafe working practices. Case dismissed against both our clients following legal submissions during trial. Costs awarded to our clients.
- Fatal accident during attempted clearance of blockage in production line at animal by-products rendering plant. Police and HSE investigation ongoing.
- The cost of a prosecution for health and safety offences is measured not simply by the fine on conviction. Other damaging consequences may include:
- Liability to pay prosecution costs as well as defence costs;
- Compensation Orders (apart from any civil claim for damages);
- Potential personal liability for directors and senior mangers;
- Disqualification of company directors;
- Loss of reputation. In extreme cases, adverse publicity may affect share prices and even lead to collapse of a company;
- Requirements to disclose convictions on tender forms with possible exclusion from tender qualification and consequential loss of business;
Beale and Company will advise on all aspects of an investigation and/or prosecution including:
For urgent advice and assistance outside normal office hours please contact our Health and Safety Helpline.
Other areas where we can advise include:
- Appeals against Improvement and Prohibition Notices
- Health & safety policy and drafting of documents
- Drafting of appointments under CDM for designers, planning supervisors, client’s agents etc
- Drafting of designers’ advice to client under CDM
- Risk management
- Health and safety audits and compliance
For further information about any of our health and safety services please contact Sheena Sood at s.sood@beale-law.com or Stephen Chessher at s.chessher@beale-law.com or by telephone on +44 (0)20 7240 3474.
