REVISED PROTOCOL WILL HELP ENSURE CONTINUED
CO-ORDINATION IN INVESTIGATIONS INTO WORK-RELATED DEATHS

HSE press release E037:03 -18 March 2003

Today the Health and Safety Executive (HSE), Crown Prosecution Service (CPS), Association of Chief Police Officers (ACPO), Local Government Association (LGA) and British Transport Police (BTP) published a revised protocol for investigating work-related deaths.

When someone dies in a work-related incident a number of different organisations must work together to ensure that the incident is investigated and that the reasons for the death are understood. An investigation is necessary to see if any criminal offences have been committed, to consider whether a prosecution should be brought and of course to consider whether there are any health and safety lessons which can be learnt.

Different organisations have different but important roles in this process and good co-ordination is vital to ensure that the investigation is as smooth and as seamless as possible. The Protocol sets out the principles for effective liaison between the organisations responsible for investigating work-related deaths in England and Wales.

First published in 1998, the signatories were ACPO, CPS and HSE. The current revision now includes two additional partners, BTP and LGA.

Timothy Walker who signed the Protocol on behalf of HSE said, "I am delighted to announce the launch of this first revision of the Protocol. In the four years that the protocol has been operating, there has been increasing cooperation between the partner organisations. I am happy to welcome both the BTP and LGA as additional signatories and I know that their input will add value to our continuing aim to conduct thorough investigations and reach speedy decisions regarding prosecution of offenders when work-related deaths occur.

"I believe that this launch will provide the two new partners with an opportunity to raise awareness of the protocol in their respective organisations thus helping to ensure appropriate conclusions are reached in these most sensitive of investigations."

Sir David Calvert-Smith QC, Director of Public Prosecutions said: "I am always conscious of the grief and anger felt by family and friends who have lost a loved one through a work-related death. Events leading to the death call for a thorough investigation and timely prosecution decision. Investigations are always sensitive and often involve complex and lengthy enquiries. I believe that the revised Protocol is an important management tool. It provides a framework for close co-operation between the agencies conducting the investigation and encourages joint decision-making.

"Whilst the protocol may not prevent future work-related deaths, it does provide a degree of public assurance that such incidents will always be fully investigated and the resulting prosecution decisions are based upon the best evidence."

Sir Jeremy Beecham, Chair of the Local Government Association added:

"It is essential that all agencies involved with the investigation of a work related death establish effective and efficient liaison practices and procedures to ensure that a properly focused working relationship is established; the ultimate aim being to conduct a thorough investigation and reach prompt decisions regarding any prosecution of offenders.

The LGA encourages all Local Authority Inspectors investigating work related deaths to adopt the procedures within this document and work closely with other local investigating agencies to expedite timely and efficient investigations."

Mr T J Stoddart, Deputy Chief Constable, Association of Chief Police Officers stated: "This is another significant step forward in building on the original tripartite agreement where agencies work together to professionalise the service provided in relation to work-related deaths. The tragic consequences of death in the workplace are evident to all concerned and the effects on families and communities who lose loved ones are devastating. The public has a right to be assured that the police service and indeed all other agencies involved are totally committed to a professional and quality investigation in these tragic incidents."

Ian Johnston, Chief Constable of British Transport Police said: "A death is the most serious event that the police and other agencies have to deal with. There must be a thorough and independent investigation and that process must have the full confidence of the public in general and the family and friends of the person who has died in particular. It behoves us all to ensure that investigations into workplace deaths are carried our as quickly and efficiently as possible and this protocol helps all agencies to focus on that objective and their own roles and responsibilities in achieving it."

The protocol is available to read on HSE's website www.hse.gov.uk, under "Enforcement".

Notes to editors

1. The Protocol has been operating for four years. The aim, from the outset, was for a protocol that provided a framework that encouraged a partnership approach to the investigation of tragic events leading to a work-related death. Using the Protocol, the partners work together, ensuring smooth lines of communication are maintained between them, and where appropriate, joint decision making, at all times keeping bereaved relatives informed about the progress of sensitive and often complex inquiries.

2. A National Liaison Committee (NLC) with representatives from ACPO, BTP, CPS, HSE and LGA oversees the working of the Protocol and makes suggestions for improvements as necessary. It meets twice a year and sets strategic direction and aims to ensure the continuing effective operation of the protocol. Local liaison groups throughout England and Wales who communicate regularly with the NLC support it in this work.

3. In 2001 the NLC commissioned a review of the Protocol and appointed a working group to take forward the initiative. The working group made up of the signatory organisations under the chair of the CPS conducted two public consultations exercises. These proved invaluable in informing the work of the group and many of the issues raised have been addressed in the revised protocol.

Copies of Work-related deaths: a protocol for liaison are available from HSE Books.

Press enquiries

All enquiries from journalists should be directed to the HSE Press Office