1 “Hello, I’m your local HSE officer” by ANDREW SWAN SHORT RICHARDSON & FORTH LLP 26 th June 2015

Andrew Swan SOLICITOR: Investigations/Prosecutions by – Health & Safety Executive Environment Agency Food Standards Agency, etc……. Financial Crime, including – Tax evasion Money laundering Bribery & corruption Fraud 2

Why is the inspector at the door? The Inspector hasn’t been to your premises for some time and he wants a general look around HSE is interested in a particular industry, process or activity and the Inspector has been charged with the visit Someone has complained about the conditions in your premises 3

You have had an accident or incident and the Inspector wants to investigate The Inspector is following up on a previous visit You have asked the inspector to visit because you need some advice or help 4

What to expect Observation/walkabout Questions & answers - You, your employees, your contractors Documents/reports/copies Physical evidence/samples Photographs Taking of written statements 5

Announced visits Prepare for it! Policies/reports to hand. Keep notes – made at the visit or shortly after Accidents or incidents – Investigate them – Understand how they have happened – Put in containment measures to prevent them from happening again before the visit Be clear about what you intend to do long term 6

Where the evidence is unclear or not credible - say so Where someone has not stuck to the rules – say so If there is doubt – say so. Workplace situation – Make sure the area is well ordered and clean – Make sure you personally inspect the area to identify any possible areas of risk 7

Unannounced inspections Don’t leave the Inspector waiting! – They have powers of entry which they will use with or without you if they think they are being stalled. Be hospitable - don’t get off on the wrong foot! Establish the reason for the visit – If it is a general look round, ask directly has a complaint been made? Judge the reaction. 8

Keep the Inspector safe! Co-operation, Openness, Honesty Take the Inspector’s advice and agree to action if you can If there is clear risk, take the action first 9

Accident investigations HSE do not investigate all accidents – currently less than 5% reported – fatal accidents at work are investigated by HSE and Police The type of cases they do investigate - – Machinery accidents, falls from height, serious injuries, dangerous occurrences, electrical incidents and accidents 10

If you think HSE may investigate – take advice from your safety professionals and if appropriate from your lawyers early Investigate you own incidents: - Understand where the risk was and reduce or remove it - Do not leave areas of risk for the Inspector to focus on - Prepare a detailed report 11

Witness statements Statements are a written record of a person’s evidence Be careful not to pervert the course of justice by influencing statements Make a detailed record of who has given statements Ask the Inspector if there was anything significant mentioned 12

You will not normally sit in on the interview, but you can ask the employee what was said You cannot have a copy, but the employee can ask for one If statements have been taken then it is generally becoming more serious and you should speak to your lawyer 13

Interviews under caution Police and Criminal Evidence Act Right of silence - Inferences - Entitled to legal advice, so wait for your lawyer to arrive - May be by appointment at the HSE offices - Pre-interview disclosure 14

Enforcement Informal Improvement notice Prohibition notice Fee for Intervention Prosecution Appeals 15

Mock HSE Pace interview Please refer to the sheet within your pack 16