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Health & safety compliance and investigations

At Libra Solicitors, our expertise can help your business implement an effective health & safety compliance programme that will minimise the risk of non-compliance and reduce the possibility of harm occurring to any individual.

Our expertise could also prove invaluable if you are an individual, business or an organisation which is being investigated or prosecuted for breaching health and safety regulations. Whatever actions the regulating authority decides to take, we can provide you with the expert advice and representation you need to move forward with confidence.

For a confidential discussion about the issues that may be concerning you, call us today on 01223 632420 and arrange an appointment. We look forward to hearing from you.

Health & safety in the workplace

Whilst all businesses should minimise the risk of harm to individuals in the workplace, it is not always possible to predict when or where an incident will occur. However, it is possible to predict that if an incident occurs at your business and if the incident is a serious one, your businesses health and safety procedures will be thoroughly examined by the regulatory authorities.

Whether the investigation is carried out by the Health and Safety Executive, the Coroner’s office or another government agency, both management and employees are likely to be questioned, normally under caution. We suggest it would be prudent to know what your rights are before you are questioned, as both individuals and businesses can be criminally liable for breaches of health and safety regulations.

The recent introduction of the statutory offence of corporate manslaughter, shows how seriously breaches are taken. The penalties of being found guilty of this offence are severe as those convicted, face a possible custodial sentence and extremely heavy fines, which could run into millions of pounds. In addition, the reputational damage that might result could also have a significant impact on businesses or individuals found guilty this offence.

Effective compliance

At Libra Solicitors, we believe that with so much at stake it makes sense to ensure that your business is compliant with the current health and safety regulations. Whilst we accept that effective compliance can never remove all risk from the workplace, we do believe it can minimise the risk of accidents occurring. In addition, implementing such policies will help ensure that the Health and Safety Executive accept that your workplace procedures give adequate protection to employees and visitors in your workplace.

Should you want a review of the existing health and safety policies you have in place, or if you would like to implement new ones, our expertise could help you. We are committed to helping our clients create an effective working environment that promotes compliance with health and safety laws, and we will give you clear, practical advice you can use.

For a confidential discussion in respect of how we could help your business keep up to date with health and safety regulations, call us on 01223 632420 and arrange an appointment. We look forward to hearing from you.

Health & safety investigations and prosecutions

If an accident has occurred at your business, or if working practices have been reported to the Health and Safety Executive, we understand that you will be worried about the implications of an investigation or prosecution.

At Libra Solicitors, we are committed to providing our clients with clear, practical advice that they can use. Our expertise could help you to act quickly and decisively, both to limit reputational damage and to reduce the financial impact that an investigation or prosecution could cause.

Our experience has given us an understanding of the investigatory and prosecution processes, which can prove invaluable when dealing with regulatory authorities. On your instruction and where appropriate, we can initiate dialogue with the investigating authority and make representations to them in respect of your matter. It may be that the authority subsequently decides that no further action is necessary, particularly if every effort to prevent future incidents has been made.

If charges are brought and your matter proceeds to court, a solicitor-advocate, barrister or QC will lead your case so you can be sure that regardless of whether you plead guilty or not guilty, the advice and representation you receive is of the highest quality.

In this instance, we will meticulously prepare your case and thoroughly investigate the prosecution case, examining every aspect of the evidence available. If there are defences that can be put forward, we will advise you accordingly.

We will also advise you if we think specialist industry specific investigators could assist you. If such expertise are needed, we will work closely with a leading consultant firm such as Emmerson Associates, to ensure that the right expertise is supporting your case.

For a confidential discussion about how our expertise could help you if you are the subject of a health and safety investigation or prosecution, call us on 01223 632420 and arrange an appointment.

Interviews under caution

In the course of an investigation, you may be asked to attend an interview under caution, or if your business is an incorporated body, it may be asked to nominate an officer to represent the firm in the interview. If you know that you are going to attend an interview under caution, or are going to speak to the investigating body in any capacity, we strongly suggest that you take legal advice beforehand.

At Libra Solicitors, we can provide you with expert advice and representation throughout the interview process, and we will use our expertise to help ensure that any interview is carried out in accordance with all the rights and protections afforded to you under the rules and codes governing PACE interviews.

For a confidential discussion about the issues that may be concerning you, call us today on 01223 632420 and arrange an appointment.

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