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
| 
