Select Committee on Home Affairs and Work and Pensions Written Evidence


172.  Supplementary memorandum submitted by the Health and Safety Executive

  At the Committee hearing on 21 November I undertook to write to the Committee on the question of health and safety inspectors' powers. I am glad of the opportunity to clarify and expand on the some of the replies Bill Callaghan and I gave.

When working together following a work-related death, HSE work closely with the police. HSE will be seeking to determine whether there have been health and safety breaches, whereas the police will be looking at the possibility of manslaughter charges.

The powers granted to health and safety inspectors by sections 20-22 of the Health and Safety at Work Act are wide-ranging, and necessarily so. They include powers to gain access, seize items, require the disclosure of information and documents, and if necessary to prohibit work activities. These powers ensure that inspectors can take the necessary action to ensure that sources of imminent risk are discovered and removed, and that any evidence that may prove necessary for a prosecution is protected. They continue to be vital for inspectors' work.

As Bill Callaghan suggested, the context of gathering evidence for a possible corporate manslaughter charge is different from taking immediate action to secure safety. HSE and the police will both be investigating corporate failings, as they currently do, but with a view to different charges. In doing so they are guided by the Work-related death protocol and associated Investigators guide, which together help ensure that HSE and police coordinate their investigations effectively. Each must be careful to observe the distinctions between their respective powers. If HSE were to use its own powers for police purposes that would be likely to jeopardise a prosecution. The police can, however, use for their purposes and in any subsequent proceedings any evidence that inspectors properly obtain for their own health and safety legislation purposes. After HSE completes its investigation, the police will need to rely solely on their own powers to obtain any further evidence they consider necessary.

On the issue of whether the police should have broader powers akin to HSE's, we note that ACPO favour this. We have some sympathy with this since it could avoid confusion and delay in some cases, but ultimately it is clearly a matter for Parliament.

December 2005





 
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