1. CCA Conference, Glasgow, 2003 John Blackburn HSE Principal Inspector HSE and the Investigation of Death in Scotland

2. CCA Conference, Glasgow, 2003 Role of HSE and LAs Role of HASWA enforcing authorities Organisation in Scotland Enforcement of health and safety law Policy on work related deaths Individuals The investigation

3. CCA Conference, Glasgow, 2003 Role of HSE/LA contd. Liaison with the police HSE and culpable homicide Contacting the bereaved Reporting to the fiscal Penalties

4. CCA Conference, Glasgow, 2003 Enforcing HASWA HASWA – Health and Safety at Work Act 1974 Enforcement divided between local authorities and HSE HSE – FOD, HID (Land Division and Offshore Division),RI, NSD Inspectors have powers to inspect/investigate health and safety offences

5. CCA Conference, Glasgow, 2003 Enforcement Purpose of enforcement is to ensure risk properly controlled and when appropriate to punish offenders Inspectors can give advice Serve Improvement Notices Serve Prohibition Notices Report offences to Procurator Fiscal

6. CCA Conference, Glasgow, 2003 Policy HSC have published enforcement policy – available on web site www.hse.gov.uk HSC policy that all work related deaths be investigated (unless exceptional circumstances) HSC policy that prosecution presumed where death was result of breach HSC policy to contact the bereaved In Scotland final decision on prosecution with Fiscal Fiscal cannot direct HSE but policy to assist and cooperate

7. CCA Conference, Glasgow, 2003 Prosecution of individuals Individuals can be prosecuted as self employed, managers or employees Section 7 – employee fails to take reasonable care for health and safety Section 36 – offence through act or default Section 37 - director or senior officer offence through their consent or connivance or attributable to their neglect

8. CCA Conference, Glasgow, 2003 Investigation HSE incident investigation selection criteria All work related deaths to be investigated Investigation usually starts within 24 hours, is coordinated with the police Size of investigation proportionate – can call on forensic resources as needed Report to Fiscal with recommendations and evidence to support any prosecution of HASWA offences

9. CCA Conference, Glasgow, 2003 HSE/Police There is no formal protocol in Scotland for liaising with police at work related deaths Liaison is on case by case basis Investigation coordinated, but report separately to the Fiscal Both will interview witnesses. Police tend to focus on event/ HSE on management system and technical issues as well as immediate circumstances

10. CCA Conference, Glasgow, 2003 Culpable homicide HSE inspectors not empowered to investigate culpable homicide Inspectors are guided to be alert to possibility Inspectors should then raise their concern with the police/fiscal to take over the investigation HSE could then help with technical aspects if requested

11. CCA Conference, Glasgow, 2003 Contacting the bereaved HSC policy that we contact bereaved for all work related deaths Coordinated with police and fiscal We will offer to meet family to explain our role and how investigation will proceed But cannot give information that may prejudice any prosecution

12. CCA Conference, Glasgow, 2003 Reporting to the Fiscal If recommending proceedings will submit a prosecution report with all evidence and inspectors reports including legal discussion Report becomes property of Fiscal and is not disclosable If not recommending prosecution will send report to Fiscal outlining the circumstances and saying why we do not consider prosecution appropriate We normally report within 4 months depending on complexity of investigation

13. CCA Conference, Glasgow, 2003 Penalties  Summary cases:  Regulations £5,000  HASWA £20,000  6 months some offences  Solemn procedure:  Unlimited fine  2 years some offences

14. CCA Conference, Glasgow, 2003 Najma Rasul, CCA Caseworker Differences between England and Scotland in the investigation and Prosecution of work-related safety issues

15. CCA Conference, Glasgow, 2003 INTRODUCTION CCA CASEWORK Joseph Rowntrees Charitable Trust Free, independent, confidential Advice and assistance on investigation and prosecution issues arising out of death England, Wales - but also Scotland TALK Differences between England/Wales and Scotland Possible Advantages/Disadvantages of difference

16. CCA Conference, Glasgow, 2003 Health and Safety Executive Similarities: Preventative inspections, investigation, enforcement of notices. Differences: –England - HSE involved in Prosecution –Scotland - Role of Procurator Fiscal and Crown Office Implications: –Possible advantages: Focus on Inspection/Investigation Independent scrutiny of prosecution decision HOWEVER –Crown Office lower prosecution rates?

17. CCA Conference, Glasgow, 2003 ROLE OF POLICE Similarities –Criminal investigation Differences –England Manslaughter –Scotland Homicide –ScotlandNo Protocol of Liaison on Work-related Deaths Protocol of Liaison –Requires investigation of all work-related deaths as potential manslaughter Impact of Lack of Protocol

18. CCA Conference, Glasgow, 2003 Role of Procurator Fiscal Similarities to Crown Prosecution Service –Responsible for prosecutions Differences –Overall control of investigation –Responsibility (with Crown Office) for making Prosecution Decisions; –Policy of not providing reasons for decisions not to prosecute; –Decision on whether Fatal Accident Inquiry

19. CCA Conference, Glasgow, 2003 FAI v Inquests Similarities - Evidence in Public - interested parties can ask questions Differences – Extent of Mandatory Inquiry Eng/WalesAll reportable deaths Scotland- not deaths of members of public - Not mandatory is H&S prosecution - Level of Inquiry ScotlandMuch wider