06.10.2011

UK to speed up accident prosecutions

The UK has announced that it will in future permit prosecutions for fatal work related accidents to go ahead before completion of an inquest.

The changes come as part of an agreement between those who investigate and prosecute work-related deaths in order seek to speed up justice in England and Wales. Until now cases were rarely ever pursued before an inquest which can take years to complete.

The revised Work-Related Deaths Protocol will allow prosecution before inquest where manslaughter or homicide charges are not relevant – if it is considered appropriate and in the interest of justice.

The changes, which came into force at the start of October, are intended to help bereaved families see a swifter resolution to prosecutions.

Richard Daniels, chairman of the Work Related Deaths National Liaison Committee said: “All signatories are committed to seeking justice for bereaved family members, when a work-related death has occurred and someone should be held to account. The change will help us deliver this justice more effectively and sooner in less complex cases.”

The change is not mandatory and it is up to each organisation to decide how they will implement it. HSE chairman Judith Hackitt, said: "HSE recognises that seeing justice done in a timely manner is very important to the bereaved families of workers. HSE is committed to investigating tragic incidents and bringing to justice those who make a criminal breach of health and safety law."

"The changes to this key agreement give HSE and other regulators the ability to resolve less complicated cases in a timely manner and bring those who disregard health and safety at the cost of their workers lives to justice."


Vertikal Comment

While this change is aimed at helping bereaved families, it will also be of great comfort to companies that are unfortunate enough to have experienced a fatal accident. All too often the Health & Safety Executive sits on the evidence from an accident for years while it decides whether to prosecute or not. Delays serve none but the very worst and most crooked employers.

Most companies, especially smaller ones, that experience a fatal accident in which they lose an employee, a colleague and often a friend, want to face up to any legal repercussions and, if innocent, clear their name at the earliest opportunity.

Accident investigations rarely learn much more after the first few weeks of their occurrence- in fact most details are clear within the first few hours. The tragedy is compounded by the fact that valuable lessons are not promptly communicated to the wider world and if an example is to be made of dangerous practices or a delinquent company, a long delay fails to have the impact required.

Hopefully with this excuse gone – or partly gone – we will see much swifter justice for all involved in such tragic incidents.