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; Health and Safety Executive; Local Government Association; Maritime and Coastguard Agency; Office for Nuclear Regulation; and Office of Rail and Road.



The protocol 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);



• the relevant enforcing authority will investigate health and safety offences;



• the police will usually be first at the scene of work-related deaths and 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”;



• all parties to a joint investigation will seek to progress their own investigations, regardless of who has primacy;



• primacy for an investigation can change and the process of handover of primacy should be conducted in an efficient and timely manner;



• 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. This consultation will continue 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;



• the bereaved and witnesses will be kept informed; and,



• the parties to the protocol will maintain effective liaison.