1. The Coroner, HSE, police and CPS (Crown Prosecution Service) have different roles and responsibilities in relation to work-related deaths. Further guidance on this issue is contained in the work-related deaths protocol [PDF 60kb]. The role of the Coroner is dealt with elsewhere in this section.

The role of HSE

2. HSE (or another relevant enforcing authority, for example a Local Authority) will investigate and, where appropriate, prosecute breaches of health and safety law under the Health and Safety at Work etc Act 1974 (HSWA). The HSC Enforcement Policy Statement [PDF175 kb] emphasises the serious nature of any death resulting from work activities. However, HSE cannot investigate or prosecute unlawful killing, or any other criminal offences outside its health and safety remit.

The role of the police

3. The police are responsible for:
   • investigating crime in general; and
   • referring cases to the CPS for review.

4. Whenever a work-related death occurs and there is an indication that an offence of manslaughter (corporate or individual) or a criminal offence other than a health and safety offence may have been committed, the police will conduct an investigation. The police also have an interest in establishing the circumstances surrounding a workrelated death in order to assist the Coroner’s inquest.

The role of the CPS

5. Whenever the police refer a case to the CPS, the CPS will decide whether there can and should be a prosecution. The CPS can prosecute health and safety offences, but generally they will only do so when there is also a prosecution for manslaughter or other serious criminal offences arising as a result of a work-related death.

Work-Related Deaths Protocol

6. These interlinking and overlapping responsibilities require close co-operation and liaison between the different agencies that are involved. To ensure that investigations into work-related deaths allow all the agencies to fulfil their roles, a protocol^[1], which deals in greater detail with each stage of the investigation, has been drawn up between HSE, ACPO (Association of Chief Police Officers), BTP (British Transport Police), the CPS and the LGA (Local Government Association)^[2]. Decisions relating to investigation/prosecution will be co-ordinated in accordance with the protocol. It is complemented by the Work-Related Deaths Investigators Guide [PDF 197kb], which provides helpful practical guidance on following the principles of liaison from the protocol.
7. The protocol provides a framework for effective liaison and is based on best practice. It aims to achieve a consistent approach between HSE’s operational directorates and divisions, the 43 police forces in England and Wales and the respective CPS offices. At the same time, it allows flexibility on a case by case basis. It addresses the Attorney General’s ‘Prosecutors’ Convention’ ^[3], which requires prosecuting authorities to have adequate arrangements for liaison in cases of mutual interest.
8. Where you are investigating an incident with other enforcing/investigating authorities, you should ensure that the protocol is brought to their attention and, where necessary, a copy provided to the senior investigating officer.
9. In particular, the protocol seeks to ensure:
   • an early decision by the police to investigate manslaughter, or any other serious offence;
   • an agreement to share resources and expertise to assist both investigations;
   • co-ordinated and timely decisions over prosecutions for manslaughter and health and safety offences;
   • consideration of joint proceedings when both HSE and the CPS decide to prosecute; and
   • that the relatives of those killed in accidents at work are kept informed of progress with the investigation(s) and any legal proceedings.

Liaison with other enforcing agencies

10. You should be aware of the involvement of other enforcing agencies when carrying out an investigation. These may include bodies such as the Environment Agency, MOD Police and HM Revenue & Customs. Their roles may be very different to that of HSE. Consequently, early arrangements for liaison can prevent difficulties with investigation at the scene, evidence collection and, at a later date, witnesses.
11. You should refer to the section on Collecting Physical Evidence - Liaison with other authorities.

Retention and disclosure of material obtained during the course of an investigation

12. Where there is a police investigation, material obtained during the course of the investigation should be shared, subject to any statutory restriction placed on HSE, for example by HSWA. Agreement should also be reached as to which organisation will assume responsibility for the retention of exhibits.
13. The retention and disclosure of material in relation to manslaughter, health and safety or other prosecutions brought by the CPS should follow CPS procedures.

HSC – public inquiry

14. You should bear in mind the possibility that in serious incidents, particularly those involving multiple fatalities, the Health and Safety Commission may, with the consent of the Secretary of State, direct that a public inquiry be held. Alternatively, the Health and Safety Commission may direct the Health and Safety Executive to conduct a formal investigation.

Future changes to the law

15. The Government is currently reviewing proposals to reform the law of involuntary manslaughter so as to create a new offence.

Liaison with the coroner

16. Where HSE has received notification of a fatality, you should inform the relevant coroner’s office as to whether HSE is involved in investigating the death. You should enquire as to the cause of death recorded for the deceased, as this may be relevant to your investigation.
17. The coroner may wish to visit the scene of the accident. Where you are aware of this, you should consider whether you should accompany the coroner on this visit.
18. Where HSE is involved in the investigation of a work-related death, you should remind the coroner that HSE should be informed when the inquest is to be held. Rules 19(b)(ii) and 20(2)(f) of the Coroners Rules 1984 require the coroner, if requested by an HSE inspector, to notify the inspector of the date, hour and place of the inquest.
19. Further information regarding the role of the coroner and HSE’s involvement in the Inquest is covered later in this section. However, you may wish to ensure early contact with the coroner and regular contact thereafter, usually via the coroner’s officer.

Liaison with the bereaved

20. When inspectors from any division of HSE are called upon to investigate a fatal accident, it is HSE policy that early contact with the bereaved family is made in every case, in order to:

    • make arrangements to meet the bereaved as soon as the bereaved wish ⁴;
    • explain HSE’s role and responsibilities and those of others likely to be involved;
    • advise the family about the possible length of time an investigation may take, to ensure the family are not given unrealistic expectations of the investigation;
    • ask the family if they have any information that may be relevant to the investigation; and
    • provide copies of the advice leaflets prepared by HSE for bereaved families ^[5].

21. Where the police are taking the initial lead in an investigation, a Family Liaison Officer may have been appointed to liaise with the family. In these circumstances, you should still contact the family to advise them that there is a joint investigation and to provide them with the relevant information. You should liaise with the police accordingly.
22. Inspectors should keep the bereaved relatives informed of the progress of the investigation and any subsequent proceedings. The method and timing of these contacts should be established by agreement with the family. It may be necessary to explain what information HSE can release at different stages of the investigation and any future proceedings.
23. HSE acknowledges that understanding "diversity" ^[6]plays an important part in liaising with bereaved relatives. This includes understanding and valuing differences among individuals, in terms of skills, experiences, backgrounds, ethnic origins, genders, religions, ages, sexual orientations, opinions and beliefs, motivations, aspirations and occupational activities, lives outside work and personal interests, thereby allowing everyone to be treated fairly, with decency, dignity and respect.
24. In investigations where a member of the bereaved family may be involved as a potential defendant, then all contact should be carefully planned and agreed with line managers. If necessary, you should contact Legal Adviser’s Office for further advice.
25. Further details are contained in FOD Operational Minute 2002/105.

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Footnotes

1. Work-related Deaths – A Protocol for Liaison [PDF 60kb]
2. See FOD OC 165/8.
3. Launched in February 1998
4. If this offer is declined or the logistical difficulties of visiting the next of kin are significant then inspectors should ensure that a letter and a copy of the information pack is sent and an offer is made to keep them informed of progress with the investigation by phone. See OM 2002/105 for further information.
5. The information pack `Advice and Information for Bereaved Families' should be provided.
6. HSE Diversity statement