Health and Safety Law
Understanding and Representation
Many companies choose not to seek specialist advice and but instead rely on their usual advisors – or a lawyer provided by their insurers who deals predominately with personal injury claims and will rarely encounter criminal investigations. Investigations by the Health and Safety Executive or Local Authorities can be complex and lengthy, therefore only a Lawyer who deals with such investigations and prosecuting authorities on a daily basis can understand the evidential statutory issues that arise.
The consequences a lax health and safety in a company can be harmful not only to employees and the public. There’s also risk of a company losing its place on the public sector tender list in addition to the hefty fine of at least £20,000 in the Magistrates’ Court.
We have prosecuted a case where a customer suffered injury to their finger on the door of a ladies’ rest room, the West London based company and its Director faced a number of charges under the Health and Safety Act and various regulations, this resulted in a total fine and costs against the Company of £36,000, the Company received credit for guilty plea at the first Court hearing, otherwise the fine and costs would have been as high as £50,000.
Where a fatality of an employee occurs as a result of breach of the Health and Safety regulations, this will lead to prosecution of an organisation for Corporate Manslaughter the Act came into force on 6th April 2008, this can attract a fine of up to 10% of turnover as well as a “publicity order” requiring a business to advertise its failings publicly in a newspaper or by direct mail to customers.
At Vincent Buffoni & Co Solicitors our team Prosecute and Defend these types of matters, therefore are able to offer expert advice to clients in this complex area of Law. We will advice Businesses and organisations as to strategies to put in place to avoid breaching the legislation and Defend them should they face prosecution for these matters
