Investigating work-related deaths
[ch 2: page 39]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.
Work-related deaths — A protocol for liaison (England and Wales), is available on the HSE website (www.hse.gov.uk/enforce/wrdp).