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29
November 2002
HSE Supports the Retention of Inquests
into Work-Related Deaths
The
Health and Safety Executive has criticised the proposal
by the Coroner’s Review Team to remove the legal
requirement to hold an inquest into a work-related
death
[To see what the Coroners Review Team said,
Click Here]
In its response to the consultation document, accessible
on the CCA website, and sent to the Coroner’s
Review team on Wednesday, the HSE states:
"HSE
are opposed to any changes in the coronial system
that would remove the statutory requirement for
a public inquest to follow a death in circumstances
that require it to be notified to an HSE Inspector.
We believe that this risks sending the message to
society that work-related deaths are not to be given
the fullest consideration."
HSE’s
statement reflects the view of the CCA and bereaved
families who met the Coroners Review team last month.
"The
CCA is pleased that the HSE has argued so strongly
for the retention of mandatory inquests into work-related
deaths. Inquests into work related deaths serve
a very important health and safety purpose as well
as ensuring that families have access to detailed
information into how their relative died."
said David Bergman, Director of the CCA.
To
read more about CCA's views, click
here
Rejecting the position of the Coroners Review Team,
the HSE states in its response that "HSE investigations
can in no way be seen as an alternative to the inquest".
It argues there are three reasons for this:
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HSE
does not necessarily investigate the causes
of deaths
"The
HSE investigation is concerned with the risk
arising from alleged breaches of health and
safety duties and while these may well be
illustrated by the fact that someone was killed
or injured, HSE is not required to prove death
or the cause of death in order to secure a
conviction … As a result evidence gathered
by the HSE will not necessarily answer the
important questions that Coroners need to
pursue."
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The
HSE investigation does not "allow involvement
of others in the investigatory process" as
this would "result in the improper influence
of the prosecution decision." |
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The
HSE is limited in what information it can provide
to bereaved families |
The
CCA does however have concerns about what the HSE
says about the disclosure of information by the HSE
to bereaved families. To read about this, click
here
To
download HSE's full response:
• Click Here
(for word)
• Click
here (for PDF)
Return to Press Releases
Notes to Editors
- The
Centre for Corporate Accountability is an independent
nonprofit advice, research and lobbying group concerned
with the promotion of worker and public safety.
It runs a Work-Related Death Advice Service that
provides advice and assistance to bereaved families
on how to ensure that the death is subject to adequate
investigation and proper prosecution scrutiny. It's
charitable activities are funded by Joseph Rowntrees
Charitable Trust.
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