Work Related Deaths Protocol
3 October 2006
WORK RELATED DEATHS - JOINT WORKING PROTOCOL
The Health and Safety Executive (HSE), the Crown Office and Procurator Fiscal Service (COPFS), the Association of Chief Police Officers in Scotland (ACPOS) and the British Transport Police (BTP), have today published a joint working protocol on work-related deaths.
The protocol emphasises the need for a collaborative approach to the investigation of work-related deaths in Scotland, in order to ensure ongoing high standards of public safety and to assist in any possible prosecution. Local Authorities also support this protocol and will aim to work in accordance with its recommendations.
Norman McFadyen, Crown Agent and Head of Crown Office and Procurator Fiscal Service said:
"This protocol will ensure that we make the most of partnership working in this area, sharing best practice and continue to deliver the quality and professionalism that the public require and deserve. It will help to underpin the process of investigation by making clear the responsibilities of each agency involved. It will also provide a robust framework to allow training, guidance and development to be given to specialist prosecutors, who will then be able to take on such cases.
What this will mean is that the work conducted by investigation teams will now be much more effective in making sure that justice is done, as well as delivering a high quality of service to victims and relatives."
Stewart Campbell, Health and Safety Executive said:
"HSE is pleased to have supported the development of the Protocol. It provides a Scottish framework for the investigations of deaths arising from work activities, which takes into account our experience of operating to a protocol in England and Wales. It should ensure that an effective balance is struck between the investigation of possible homicide offences and health and safety offences."
Chief Constable John Vine, Chair of the ACPOS General Policing Business Area, said;
"I welcome the official launch of this new Protocol, which builds upon the existing relationships of all four signatory organisations to provide a clear and practical written foundation for the future investigation of work-related deaths.
From the initial actions of a police officer attending a work-related death to the holding of a Fatal Accident Inquiry, the strength of this protocol is found in its underlying principles and the commitment by all parties to work together to reach a professional and well-managed conclusion, with full consideration for the bereaved and for future public safety.
I am confident that the protocol will pave the way for enhanced clarity in roles, responsibilities and the development of joint processes that will meet the practical needs of investigators and their parent organisations."
Superintendent Ronnie Mellis, British Transport Police said:
"This protocol will further enhance the partnership working previously undertaken in the event of a death in the workplace and ensure all the relevant organisations continue to deliver the best quality of service to the public."
Note to Editors
1. A copy of the protocol can be obtained from the Health and Safety Executive website
http://www.hse.gov.uk/scotland/workreldeaths.pdf.
2. In Scotland the Procurator Fiscal has the responsibility for investigating all sudden and unexpected deaths. The Procurator Fiscal may prosecute and, or, hold a Fatal Accident Inquiry. Where a person dies as a result of their work it is mandatory for a Fatal Accident Inquiry to be held except in limited circumstances such as all the facts having already been put in the public domain during a trial.
3. Normally the police investigate all sudden deaths and provide a report to the Procurator Fiscal.
4. The Health and Safety Executive and Local Authorities enforce the Health and Safety at Work Act 1974 and various regulations made under the Act. HSE and LAs investigate all work-related deaths and provide a report to the Procurator Fiscal.
5. Statistical information on enforcement and work- related deaths in Scotland can be found on the HSE web site at www.hse.gov.uk/statistics/index.htm
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