Health and Safety Executive Guidelines for work-related deaths

Several important safety organizations in Scotland have collaborated to produce a definitive protocol which should be followed after a fatal work-related accident.  The protocol means that should a fatal accident occur there is a clear route that the accident investigation should take.

There has been similar protocol in England and Wales for several years.  Under this protocol the Health and Safety Executive (HSE) will investigate and where appropriate prosecute breaches of health and safety law.

However, the HSE cannot investigate or prosecute unlawful killing, or any other criminal offences outside its health and safety remit. It is the police who are responsible for investigating crime and referring cases to the Crown Prosecution Service (CPS).  Whenever a work-related death occurs and there is an indication that an offence of manslaughter or a criminal offence has been committed the police will conduct and investigation. They may then refer the case to the CPS depending on the results of their investigation. The CPS will decide whether there can or should be a prosecution.

Many employees are killed in work-related accidents each year in the UK and these accidents are sometimes happen because employers have not followed health and safety guidelines properly.  It is thought that many fatal injuries could be avoided if employers adhered to health and safety guidelines.  Sadly, it is often young and inexperienced workers who are killed in work related accidents.  If a fatal work-related accident has happened to a member of your family you should consult an experienced Personal Injury lawyer.