Investigating Corporate Manslaughter Mark Smith – British Transport Police Detective Chief Superintendent

Today The size of the issue Immediate impact How joint investigations are managed Decision Making What the police will be looking for How the police investigate

The facts 241 workers fatally injured in 2006/07 (217 in 2005/06) Agriculture and construction account for 46% of fatal injuries to workers Falling the most common kind of accident, accounting for 19% of fatal injuries to workers in 2006/07 90 members of the public fatally injured in 2006/07

Immediate impact Police/Emergency Services/HSE/LA Initial Actions Impact on your company Impact on you

Ongoing Investigation Work Related Deaths Protocol Procedure Coroner

Outcomes and Decisions Primacy in investigation Enforcement action Further action

Legislation Health and Safety at Work Act 1974 Regulations made under the Act Individual Manslaughter Common Law Corporate Manslaughter Act 2007

What will we be looking for Serious breaches of HSWA –Inadequate safety policy/procedures –Lack of action to assess and control risks –Inadequate training and instruction –Failure to properly supervise –Profit over safety –Failure to heed warnings

What will we do? Forensic exam of scene Search warrants/production orders Seizure of original material Electronic evidence – Digital storage Interview of witnesses Third party disclosure issues

Conclusions Safety Intelligence Action prevention better than cure