Prosecutions following work fatalities could be speeded up

Health & Safety update 31/08/2011

Prosecutions following the death of a worker could be made swifter if proposed changes to the Work Related Deaths Protocol go ahead.

The key changes, which could be rolled out in October this year, could see a major shift in the length of time taken to press charges following a workplace fatality.

Currently, no charges relating to health and safety offences can be made until after the conclusion of the coroner’s inquest. However, the changes could see such charges being able to go ahead before the inquest has taken place.

The new protocol would be administered by a National Liaison Committee - which comprises Crown Prosecution Service representatives – the police, the Local Government Association and the Health and Safety Executive (HSE).

Acting General Secretary of construction union UCATT, George Guy, said, “Anything which speeds up the justice system following the death of a worker is welcome. The current situation where a family loses a loved one and then has to wait for many years before justice is done, is simply wrong.”

The union has also said that it hopes the changes will raise the conviction levels of employers whose staff members are killed in workplace accidents as a result of H&S failings.

Citing HSE research that 70 per cent of worker deaths were caused in part by management failings, UCATT emphasised that currently, just 30 per cent of firms are convicted following a construction worker’s death.

“Hopefully speeding up the justice process will be the first step in ensuring that workers killed at work receive justice. Unless the laws are properly tightened, many companies will continue to fail to take safety seriously as they know that they will not be prosecuted,” Mr Guy added.

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