Changes aim for swifter justice over workplace deaths

Issued on behalf of the Work Related Deaths National Liaison Committee

Date:

26 September 2011

More health and safety prosecutions will take place before Inquest as changes to a key agreement between those who investigate and prosecute work-related deaths seek to speed up justice in England and Wales.

Only in exceptional circumstances are cases currently taken before an Inquest by regulators other than the Crown Prosecution Service (CPS). Health and safety offences are only usually brought at this stage if they are being tried in conjunction with manslaughter-related charges.

The revised 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 to the Work-Related Deaths Protocol (WRDP), which take effect on 1 October, should mean that bereaved families see a swifter resolution to some prosecutions. They are being announced by the Work Related Deaths National Liaison Committee (NLC) and are supported by the Coroners' Society.

Richard Daniels, Chair of the NLC, 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 NLC has worked closely with the Coroners' Society to agree the changes and they support this swifter resolution of prosecutions in some cases. We also welcome the Maritime and Coastguard Agency and the Chief Fire Officers' Association as formal signatories of the revised protocol."

The change is not mandatory and it is up to each signatory organisation to decide how they will implement it

Set up in 1998, the NLC has greatly improved the communication and collaborative working between all members when involved with a work- related death. It will be welcoming the Maritime and Coastguard Agency (MCA) and the Chief Fire Officers' Association (CFOA, on behalf of fire and rescue services) as new signatories as part of a number of changes to the protocol.

Notes to editors

For more information on the changes to the WRDP please contact:
Helen Duggan at helen.duggan@hse.gsi.gov.uk or on 0151 951 4589.

1. Members of the NLC are:
   • Association of Chief Police Officers (ACPO)
   • British Transport Police (BTP)
   • Chief Fire Officers Association (CFOA on behalf of Fire & Rescue Services)
   • Crown Prosecution Service (CPS)
   • Health and Safety Executive(HSE)
   • Local Authorities (LAs)
   • Maritime and Coastguard Agency (MCA)
   • Office of Rail Regulation (ORR)
2. This change in approach should speed up putting some cases in England and Wales before the courts and also enable the Inquest to be conducted more efficiently. Both of these contribute to the Government's commitment to securing justice in such cases, and in supporting bereaved family members.
3. Introduced in 1998, the WRDP sets out the principles for effective liaison during criminal investigations of work related deaths in England and Wales. It currently applies to HSE, ORR, CPS, LAs, the police, and BTP (British Transport Police). The WRDP is owned by a National Liaison Committee (NLC) and is published on HSE's website at www.hse.gov.uk/pubns/wrdp1.pdf
4. The WRDP is used, as a matter of operational procedure, by all signatory organisations
5. The changes being made to the WRDP include:
   • revision of paragraph 10.3 of the WRDP giving the option, where appropriate for commencing criminal proceedings for health and safety offences before an Inquest;
   • the inclusion of the Office of Rail Regulation, the Maritime and Coastguard Agency and the Chief Fire Officers Association as signatory organisations;
   • and updates to the text to reflect organisational and administrative changes.
6. Scotland has a separate protocol to reflect the different legal system and role of the Procurator Fiscal. The protocol for Scotland is published on the HSE website at http://www.hse.gov.uk/scotland/workreldeaths.pdf .