IOSH Midland North District. 15 th January 2015

Transcription

1 IOSH Midland North District 15 th January 2015

2 Housekeeping Fire Safety please follow signs exit via stairwell and front door. Assembly point on car park. Toilets located on each landing. Phones silent/vibrate please during the presentation.

3 IOSH News No Time to Lose Campaign The campaign aims to: Raise awareness of a significant health issue facing workers in the UK and globally Suggest some solutions on a UK scale to tackle the problem Offer free practical, original materials to businesses to help them deliver effective prevention programmes

4 Industry News CDM 2015 new L series published visit to download Health and Safety Expo June, Excel Arena London registration now open EU-OSHA's Healthy Workplaces Campaign focuses on managing stress.

5 Scenario An employee has suffered a life changing injury in a workplace accident. Whilst using a ladder, the ladder slipped and the employee suffered severe leg, back and head injuries. First Aid treatment was provided on the scene, and the injured person was transferred to hospital. What impact will this have on those concerned?

6 The Events Today we will be discussing the Criminal Case 26 th February The Civil Case with Bob Litchfield from Aon and Freeths LLP 19 th March The Media with Maurice Blisson 16 th April The Injured Person Jason Anker

7 This Evenings Presenter Alan Millband Partner Regulatory and Business Defence Howes Percival

8 Serious health and safety incidents why bother with lawyers? 15 January 2015 Alan Millband (Partner Regulatory & Business Defence Team)

9 Why bother with lawyers? Alan Millband: Partner (Regulatory and Business Defence) Howes Percival Solicitors Alan is a very high profile health, safety and environmental lawyer. He has specialised in this work for over 25 years and acts for a range of individuals and businesses both privately and on referrals from insurers, compliance organisations, business and trade associations, and other professional bodies. He advises and represents clients under investigation or subject to enforcement action (including prosecution) by enforcing authorities. He also specialises in legal diagnostic and compliance advice to assist clients in avoiding investigation and enforcement action. He is proficient in judicial review proceedings and is an expert inquest advocate. Alan has a long history of advising and representing clients across a wide variety of sectors. He is retained by numerous health and safety consultants and consultancies to provide them with legal compliance advice. He is a guest lecturer in health and safety law on the Minerals Management Honours Degree course at the University of Derby; and has recently been appointed editor to the Institute of Quarrying s textbook, Health and Safety Law in Quarries.

10 Why bother with lawyers? The incident The external investigation Who s going to turn up at the scene/premises? The Work-Related Death Protocol Police involvement the implications The internal investigation: Should you do one? When? How? Considerations

11 Why bother with lawyers? Powers of the investigators Police HSE Other investigators Some possible concerns Relax! Police Officers and HSE Inspectors are your friends.

12 Why bother with lawyers? Interim enforcement action Notification(s) of contravention Improvement Notices Prohibition Notices Significance in the wider context Challenges and appeals Protective appeals

13 Why bother with lawyers? Getting evidence from people interviews Voluntary statements Section 20 compulsion PACE interviews Placing individuals under caution Legal representation Conflicts of interest Off the record meetings and discussions

14 Why bother with lawyers? Is this a criminal investigation? Investigation management Documents Acquisition Creation Confidentiality Privilege Reporting loops PR management

15 Why bother with lawyers? Court proceedings Civil action(s) Criminal prosecution Magistrates court Crown court Appellate courts Coroners courts Employment tribunal

16 Why bother with lawyers? The spectre of the corporate and/or gross negligence manslaughter indictment.

17 Why bother with lawyers? What goes on in the criminal courts? To defend or not to defend? That is the question Self-inflicted injury Remedial action and reasonable practicability Admissions (express or implied) Brassing off your accusers Allocation which court? Magistrates versus Crown courts some differences Sentencing factors Apparent gravity of offence Offender s means and resources Aggravating and mitigating features

18 Why bother with lawyers? What did the lawyers ever do for us? Legal advice and representation Adducing evidence Strategy and foresight Preventing own goals Heading off damaging actions and admissions Buffer zone between the client and investigators Protecting the client s interests Condensing years of experience in a small time frame

19 Why bother with lawyers? Involving the lawyers Do you have to? Should you? If so, when? Who should you bring on board? 99% of all lawyers do what?

20 Questions

21 Contact details (Office DD) (Mobile) Leicester 3 The Osiers Business Centre Leicester Leicestershire LE19 1DX Manchester Second floor 19 Spring Gardens Manchester M2 1FB Milton Keynes 252 Upper Third Street Grafton Gate East Milton Keynes MK9 1DZ Northampton Oxford House Cliftonville Northampton NN1 5PN Norwich The Guildyard 51 Colegate Norwich NR3 1DD Tel: Fax: Tel: Fax: Tel: Fax: Tel: Fax: Tel: Fax:

22 Serious health and safety incidents why bother with lawyers? 15 January 2015 Alan Millband (Partner Regulatory & Business Defence Team)