Investigating work-related deaths


There is an HSE protocol for liaison on work-related deaths between 14 organisations: National Police Chiefs’ Council (NPCC); British Transport Police (BTP); Care Quality Commission (CQC); Care and Social Services Inspectorate Wales (CSSIW); Chief Fire Officers’ Association (CFOA); Crown Prosecution Service (CPS); Health and Safety Executive (HSE); Healthcare Inspectorate Wales (HIW); Local Government Association (LGA); Maritime and Coastguard Agency (MCA); Medicines and Healthcare products Regulatory Authority: Medical Devices Division; Office for Nuclear Regulation (ONR); Office of Rail and Road (ORR); and the Welsh Local Government Association.


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.