SUMMARY
It is our view that the following changes in policy
and practice are required:
GENERAL POLICY
- The Commission should incorporate
the principle of 'accountability' as one of its
goals.
- The Commission should clearly
distinguish the purposes of an inspection from those
of an investigation.
- The Commission should stop
using the word 'accident' unless necessary and appropriate.
INSPECTION
- The HSC should draft new
guidelines to inspectors advising them to make a
much greater use of legal notices on detection of
breaches of safety law.
INVESTIGATION OF INJURIES/DEATHS
- The Commission should establish
specialised investigation units.
- The Commission should provide
specialist investigation training to inspectors
and draft an investigation manual based upon best
practice.
- The Commission should make
clear that in principle it is in favour of investigating
all reports of major and other serious injuries
and disease.
- The Commission should rewrite
the set of criteria used to determine which of the
many injuries reported should be investigated
- The HSE should extend its
'protocol of liaison' to deal with the investigation
of wider set of offences.
PROSECUTION
- The Commission should substantially
revise its written prosecution policy along the
lines of the Environment Agency's policy and guidelines.
- The Commission should ensure
that the Executive follows the Code of Crown Prosecutors
at all times.
- The HSE should establish
regional prosecution offices, linked to the investigation
units, employing lawyers responsible for the prosecution
of offences.
DIRECTORS
- The Commission should support
legal reform that would impose upon directors legal
duties relating to safety.
- The Commission should devise
new policies to ensure that company directors are
properly informed of safety failures within their
companies.
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