Health and Safety
Health and safety is a specialist area of criminal and regulatory law which is often neglected by generalist criminal law firms and by civil litigation practices alike.
Effective representation of clients in this area demands not only knowledge of the practice and procedures of the Health and Safety Executive (Health and Safety Authority in Ireland) and other investigating and prosecuting bodies but also practical sector knowledge of the industries concerned.
Beale and Company has unrivalled expertise in health & safety matters in the construction and related industries, whether arising from accidents on site or involving broader design issues. On design issues, we have been instructed by many of the leading consulting engineers and their insurers who provide cover for defence of health and safety prosecutions.
Recent investigations and/or prosecutions where we have acted include:
- Gerrards Cross rail tunnel collapse. Structural failure during preparatory works for construction of new Tesco supermarket. HSE investigation ongoing.
- Fatal accident involving erection of aircraft 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 individual director) 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 our clients with costs.
- 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);
- Personal liability of directors and senior mangers;
- Disqualification of company directors;
- Loss of reputation. In extreme cases, adverse publicity may affect share price 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.
We advise on all aspects of an investigation and/or prosecution including:
- HSE/HSA investigatory powers and what to do after an accident.
- Coroners' Inquests
- Health and Safety offences and sentencing
- Construction (Design and Management) Regulations 2007
- Insurance cover for health and safety defence costs
For urgent advice and assistance outside normal office hours please contact our Health and Safety Helpline.
Other matters on which 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, please contact:
Sheena Sood
Partner
T: +44 (0)20 7420 8711
E: s.sood@beale-law.com
Stephen Chessher
Partner
T: +353 (0) 1 428 3450
E: s.chessher@beale-law.com