When does the CPS get involved in HSE prosecutions?

The Health and Safety Executive (HSE) along with local authorities are responsible for the enforcement of health and safety laws, designed to protect workers while they are at work.

If an accident at work that occurs in serious circumstances leading to a prosecution for manslaughter or other serious criminal offences, the Crown Prosecution Service (CPS) will generally assume conduct of the investigation and prosecution.

A recent case in Yorkshire involving the death of a man during an explosion at a recycling plant provides a timely reminder of exactly this happening.

The case against Sterecycle (Rotherham) Limited, which is currently ongoing, was brought after 42-year-old Michael Winfrey was killed when an autoclave, used to process household waste into material for recycling, blew out under pressure.  His colleague was also injured in the blast.

The CPS has charged the company with corporate manslaughter, with the first hearing held on October 14.  It has also joined in the maintenance manager, operations manager and operations director into the prosecution.  They are now potentially personally liable to severe financial penalty and legal costs.  There is also the threat of custody if convicted.

In a previous blog, I outlined the changes being made to Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) and the simplification of reporting requirements.

It is, therefore, essential that all businesses are aware of these rules and to ensure that there is a proper procedure in place  for the proper reporting of any relevant workplace incident.

If you require further information on complying with health and safety laws, or any other regulatory legal matter, contact David Edwards on 01772 258321 or David.Edwards@harrison-drury.com