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CCA
Welcomes New Procedures for Investigation of Work-Related
Deaths
The Centre for Corporate Accountability welcomes the
revised ‘Protocol for Liaison on Work-Related
Deaths’ published last week by the Health and
Safety Executive, the Association of Chief Police
Officers and other investigation and prosecution bodies.
The new protocol requires the police to be involved
in a manslaughter investigation from the time they
arrive at the scene of death and only stop when ‘it
becomes apparent during the investigation that there
is insufficient evidence" that manslaughter has
been committed.
The previous version of the protocol had a two stage
process. The police only had to undertake an ‘initial
assessment’ of whether or not manslaughter has
been committed, and whether or not a manslaughter
investigation took place was dependent on the outcome
of this assessment.
The revised Protocol also
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states
that an investigation must be ‘sound’
and ‘thorough and appropriate’ |
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sets
out clearly what the first police officer who
attends the scene must do |
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says
that a 'senior supervisory officer' should be
in charge of the investigation, rather than just
a 'detective of supervisory rank'. However, it
is possible that it is not made explicit that
the senior officer should be a detective (which
is of some concern to the CCA). |
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states
that the investigation should ‘generally
be jointly investigated’ with the police
and the regulatory body. Although this has increasingly
become the practice, the 1998 protocol does not
actually state this. |
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states
that "throughout the period of investigation’,
the investigation must be kept ‘under review’. |
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states
that key investigation decisions must be recorded |
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sets
our what issues the police and the regulatory
body must agree upon and states that this should
include:
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‘how,
and to what extent, corporate or organisation
failures should be investigated'; and. |
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'a
strategy for keeping the bereaved informed
of developments in the investigation.' |
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Click
Here to read CCA's detailed briefing on the
new protocol,
Click
Here to download the new protocol (PDF) |
David
Bergman, Director of the Centre for Corporate Accountability
stated that:
"The
new protocol - if implemented - should result in
more thorough investigations into work-related deaths
and assist the authorities in finding evidence of
manslaughter on part of directors and other individuals
where that exists"
The
Protocol is however not perfect, and a number of CCA's
proposed changes to the draft document (Click
here to download this) have not been adopted.
These include
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For
the CAA and the MCA to be signatories. |
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Whether
a death is deemed work-related or not should not
be dependent upon "organisational internal
guidance’ of the regulatory body; |
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Discussion
about the offence of manslaughter and the way
it applies to companies should be included (see
section 5 of response) |
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Further
clarification needed on what is the ‘crime
scene’ (section 6 of response) |
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definition
of ‘senior supervisory officer’; |
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should
have set out what key information regulatory body
should provide police (see para 7.7 |
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should
have dealt with problem of conflicts of interests
in a regulatory body where same inspectors investigating
an incident may have previously been involved
in inspecting the company (see para 7.9 –
7.11) |
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should
have stated that HSE should provide written reasons
why it has decided not to prosecute – unlike
the CPS who do give reasons |
Moreover
the CCA is also of the view that the Association of
Chief Police Officers (ACPO) should raft a "Work-Related
Death Investigation Manual" - similar to the
one they published on Road Traffic Deaths - and the
CCA is writing to ACPO and the National Liaison Committee
(that overseas the protocol) on this matter.
In addition, the CCA is concerned that police are
not provided with adequate training in the investigation
of work-related manslaughters.
For
Further Information contact the CCA on 020 7490 4494
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Notes to Editors
- The
Centre for Corporate Accountability is an independent
nonprofit advice, research and lobbying group at
the forefront of seeking to ensure that health and
safety law is properly enforced and that deaths
and injuries resulting from corporate activities
are subject to adequate criminal investigations,
and, where appropriate, prosecution and effective
sanctions. It's charitable activities are funded
by Joseph Rowntrees Charitable Trust.
The Centre runs a Work Related Death Advice Service
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