Health & Safety in Business
There is a duty on companies or organisations to protect the health and safety of its employees and customers. No business wants to face allegations of not following regulations, or worse, find that someone has been injured due to incorrectly following the rules.
If the worst happens and an employee or customer is injured, or even dies, while at your business, the resultant investigation could have very serious consequences for the business, managers and yourself.
It can mean investigations and prosecutions for corporate manslaughter, gross negligence manslaughter or breaches of other Health and Safety regulations. Hodge Jones Allen’s Health and Safety lawyers use their expertise and knowledge of this intricate and specialist area of law to fight for their clients.
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Why Hodge Jones & Allen?
We act early and proactively. If there is an accident at work, the Health and Safety Executive (HSE) or officers from the Local Authority can attend to see if they can find out what happened. At some point, that initial fact finding can turn into a criminal investigation. Our Health and Safety Lawyers are available from the earliest sign of an investigation and can get up to speed on the accident, your business and how best to protect your interests as a matter of urgency.
Our Health and Safety lawyers can call the expertise of criminal defence lawyers, regulatory lawyers and employment lawyers to offer a complete service, which covers all angles of the issues that may occur after an accident. This allows you to benefit from our expertise in an efficient and cost-effective way.
"From the outset, communications and advice were clear and precise. The support... was much appreciated over a very difficult period."
How we can help
We can help you establish correct Health and Safety procedures, advise on company policy and also help defend you in court if you wrongly face allegations of missed procedures.
We use our experience to defend your reputation and ensure a fair and ethical treatment throughout.
Acted for a construction developer during an HSE Prosecution under the Construction (Design and Management) Regulations 2015. Alleged that welfare of workers not properly catered for. Negotiated settlement that allowed for prompt finishing of project.
What is corporate manslaughter?
Under the Corporate Manslaughter and Corporate Homicide Act 2007, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care. Penalties can include unlimited fines.
Who can be prosecuted for breaches of Health and Safety Regulations?
The company, organisation or business owner, manager or employees can be prosecuted for breaches of Health and Safety Regulations. Other individuals who have specific responsibilities under Health and Safety or related legislation can also be prosecuted. For example, construction developers have specific responsibilities for building work as well as the building team themselves.
What is the penalty for health and safety breaches?
There is no maximum fine for serious Health and Safety failures, so you or the company could face an unlimited fine. If you are found guilty in the Crown Court, you can face a maximum two-year prison sentence.