Statements

Lord Advocate welcomes new protocol for work-related deaths

The Lord Advocate has welcomed a new agreement which will improve how agencies work together in the investigation of work-related deaths in Scotland.

The Work-Related Deaths Protocol aims to make investigations in these cases better and faster by improving communication. 

Eight organisations have signed the protocol: the Crown Office and Procurator Fiscal Service, Police Scotland, the Health and Safety Executive, the Office of Rail and Road, the Maritime and Coastguard Agency, the Office for Nuclear Regulation, British Transport Police and the Scottish Fire and Rescue Service. 

The agreement draws on lessons learned from major incidents such as the Stonehaven rail crash and the sinking of the fishing vessel Nancy Glen.  

It sets out a framework for closer and more effective working between agencies based on common goals in the investigation, prosecution and preparation of Fatal Accident Inquiries for work-related deaths. 

There is a focus on investigating agencies conducting their inquiries in parallel, with different agencies either leading or jointly investigating the various lines of enquiry with mechanisms to manage journey times for the investigation and the sharing of information. 

The Lord Advocate Dorothy Bain KC has responsibility for systems for the prosecution of crime and investigation of deaths in Scotland. 

Dorothy Bain KC said:   

“The effective investigation of work-related deaths requires the Crown Office and Procurator Fiscal Service to work closely with many partner agencies in a complex investigatory and regulatory landscape.   

  

“I am confident that the introduction of this new protocol will transform the way we work together.” 

Debbie Carroll, who leads on health and safety investigations for the COPFS, said:   

“Everyone should return home safely after their shift and workplace fatalities are some of the most devastating deaths that family, friends and colleagues have to deal with. 

“I am grateful for the involvement of the signatories in the creation and implementation of this protocol.  

“It draws upon the experiences of partners to ensure that all necessary and appropriate investigations are undertaken by the relevant agency and that each line of investigation progresses as quickly as it can while the overall journey time of health and safety deaths investigations is reduced. 

“The protocol should provide confidence that agencies are doing all they can within their legislative framework to co-ordinate our efforts and to co-operate with each other in the best interests of public safety and of those affected by work-related deaths or activities.” 

Richard Hines, ORR’s HM Chief Inspector of Railways said: 

“As a signatory to Scotland’s updated Work-related Deaths Protocol, the Office of Rail and Road recognises the importance of an agreed approach to the joint investigation of deaths within the workplace.  

“We are committed to effective communication and sharing best practice with investigative authorities to ensure the high standards set out by the protocol are met.” 

Assistant Chief Officer Jon Henderson, Director of Prevention, Protection and Preparedness at the Scottish Fire and Rescue Service said: 

"During any investigation, it is important that all parties co-ordinate efforts to identify the facts in a timely manner. We are pleased to sign the protocol, which will assist all those involved to deliver a high standard of professionalism in what can be challenging circumstances." 

Richard Stoddart, an ONR Principal Nuclear Site Health and Safety Specialist Inspector, said: 

"It is vitally important that all agencies investigating a work-related death follow a tried and tested approach so that accountability and effective decision-making is at the heart of all enquiries. 

"We fully support this new liaison protocol which will ensure that a collaborative and coordinated approach is followed in the best interests of public safety and those affected by work-related deaths." 

Neil Cunningham, Head of the Regulatory Compliance and Investigations team at the MCA, said:  

"Our involvement in this protocol demonstrates our commitment to working in cooperation with other agencies to enhance safety measures and protect the lives of those who work at sea and along the coast."