The Health and Safety Executive (HSE), along with local authorities, is a Government department responsible for investigating health and safety incidents, arising out of, or in connection with work and taking enforcement action, where appropriate, against those considered responsible for such incidents. Part of this work involves HSE meeting and liaising with the victims of certain accidents, dangerous occurrences or cases of ill health. A policy statement on working with victims has been prepared by HSE. This leaflet explains what our Policy Statement means in practice and what you, as a victim, can expect from us.
1 As soon as possible after beginning the investigation, an inspector will contact you to explain HSE’s role and to gather as much information as you can provide about the incident.
2 If you have lost a family member through a work-related incident we will provide you with an information pack. The pack comprises of leaflets, produced by HSE and other government departments, offering guidance and advice on who you can contact for additional support and information. If a Coroner’s Inquest is to be held, we will also provide an explanation of the role of the coroner. HSE usually assists the coroner by providing information about the incident and a representative of HSE will be available at the inquest to answer any questions you may have.
3 HSE will keep you updated as much as possible and inform you of any key milestones. The police may also be involved in the investigation and will also be able to inform you of any significant developments. For legal reasons, it may not be possible to share all details of the investigation with you.
4 You may also be invited to make a victim personal statement (or equivalent in Scotland). This is a written statement allowing you to express how and when you wish to be kept informed about the progress of the investigation an for you to note your views and describe how you have been affected by the incident (for example, physically, emotionally or financially). The purpose of this statement is to ensure your voice is heard and your views are taken into account at both the investigation and court stage. It is entirely voluntary and if, initially, you wish to decline the offer you may change your mind at a later date. Further guidance will be provided on making a victim personal statement.
5 HSE will inform you of the outcome of the investigation and of any legal action that may follow.
6 There are many factors that must be taken into account when deciding whether or not to prosecute and not all investigations will result in a prosecution. If HSE decides not to prosecute, we will contact you to explain the reasons for not proceeding.
7 If HSE decides to proceed with a prosecution, we will inform you of the charge and the date, time and location of the hearing, including any subsequent changes. HSE and the Victim’s Support Witness Service will be able to inform you and assist you in court appearances if you so wish.
8 There are different types of court used for different types of crimes. Depending on the type of case, and the court in which it is being heard, the person leading the prosecution could be a member of HSE staff, a solicitor or counsel instructed by HSE, the Crown Prosecution Service, or the Procurator Fiscal in Scotland.
9 A member of either the prosecution team or the Witness Service will meet you on arrival at court and answer any queries you may have. If you have been called to give evidence you will be given the opportunity to prepare. Where necessary, practical applications will be made for any special requirements you may have.
10 In England and Wales the prosecutor may address the court on your behalf for application of compensation. When making its decision on the application the court will take into consideration how you have suffered as a result of the incident.
11 After the court hearing has finished the prosecutor will discuss the outcome of the hearing with you. HSE will notify you if the defendant makes an appeal and will inform you of the grounds on which the appeal is made and the eventual result.
12 HSE has its own complaints procedure. If you feel you have not received the level of service or information and advice set out in this leaflet, you are advised to contact the HSE office which carried out the investigation.
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