Health and Safety Executive Investigations

The Health and Safety Executive (HSE) is responsible for ensuring health and safety standards are maintained across all workplaces. Should a company breach its guidelines, the body’s powers range from giving advice and warnings to improvement or prohibition notices, which can result in cautions, prosecutions or severe fines.

The HSE can inspect, investigate, interview, serve notices, enforce its decisions and, if necessary, prosecute in the criminal courts. It can also oblige the subject of an enquiry to disclose a wide range of information.

If your firm is being investigated by the HSE, JMW’s experienced solicitors can assist you at every stage. We’ve varied experience and have helped businesses of all kinds to avoid fines and prosecution – to find out more call us now on 0345 872 6666.

Do you need legal assistance?

It is vital you seek legal advice and assistance as soon as you are informed that you are the subject of a HSE investigation. The lawyers here at JMW can represent during each stage of the investigation process. We can assist with:

  • risk assessments and audits
  • advice on avoiding a prosecution
  • attendance at HSE interviews under caution
  • data and document disclosure issues
  • defending a prosecution at the Magistrates or Crown Court
  • representation at a coroner's inquest

The serving of notices

Inspectors who visit your work premises as part of health and safety investigations can serve three different kinds of notices. These are:

  • A prohibition notice ordering the duty holder to stop an activity immediately
  • An improvement notice specifying remedial action and giving the duty holder a date by which they must complete the action
  • A Crown notice – this kind of notice is issued under the same circumstances that would justify a statutory prohibition or improvement notice, but can only be served on Crown organisations (government departments, the Forestry Commission, prison service etc).

Expert legal representation

Apart from the direct effect of a prohibition or improvement notice, penalties for breaking health and safety guidelines include fines and imprisonment. It is therefore important to obtain expert legal advice in order to protect your position. Lawyers at JMW have a particular expertise in the haulage and construction industry, but can advise firms in any sector.

We regularly represent companies and individuals across the country, including in Manchester and London, and we draw upon expertise in other departments to ensure our clients can access the most appropriate specialists in each case.

Get in touch

For a no obligation discussion, use our contact box or ring a member of our Business Crime and Regulation team on 0345 872 6666 for further details.

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