Investigating work-related deaths

There is an HSE protocol for liaison on work-related deaths between 14 organisations including: British Transport Police; Care Quality Commission; Chief Fire Officers’ Association; Crown Prosecution Service; HSE; Local Government Association; Maritime and Coastguard Agency; Office for Nuclear Regulation; and ORR. It sets out that:

• the police will investigate where there is suspicion that a negligent homicide caused a death (or according to medical opinion, a strong likelihood of death) and will usually be first at the scene of work-related deaths. They will contact and inform other relevant enforcing authorities as soon as practicable;

• investigations will be conducted and managed jointly in line with the Work-related deaths protocol: practical guide;

• during the investigation, one party will assume “primacy” and all parties to a joint investigation will seek to progress their own investigations, regardless of who has primacy;

• enforcement decisions will be based on sound investigations, be co-ordinated between all relevant parties and made without undue delay;

• relevant enforcing authorities will be consulted about pursuing other offences in addition to homicide-related offences through to the conclusion of the enforcement action;

• the police and relevant enforcing authorities will agree how the coroner is to be kept informed on the progress of an investigation; and

• the bereaved and witnesses will be kept informed.

HSE, Work-related deaths — a protocol for liaison (England and Wales) is available on the HSE website.