Page 31 - BOSS Today Issue 23

“Contacting and engaging

with a BOSS Health, Safety &
Environmental adviser can

help mitigate problems

at an early stage.”

It is vitally important to act quickly the competence of the industry The freedom to choose a lawyer
in the event of a Health & Safety HS&E adviser. where your insurer provides
It is at this point that a
defence costs is now well
Executive (HSE) inspection, suitable defence lawyer will established, and having a lawyer
who sees you – and not the
need to be appointed. Having
but BOSS can help… a specialist lawyer and a insurer – as the client and acts
competent HS&E adviser who in your best interests in terms
both have a working knowledge of defending or mitigating your
of the OP industry can only position can only benefit your
have a positive impact in the organisation.
event of an investigation and/ BOSS has developed a
n issue 21 of BOSS Today any enforcement notice issued or prosecution by the HSE. comprehensive system to deal
Iwe highlighted the right to against the organisation, or even Advice and support will be co- with these situations which
choose your defence lawyer in using their knowledge and ordinated, practical, pragmatic has been tried and tested with
when faced with one of the experience within the sector to and tailored to your business. members over a number of
regulators for workplace safety. challenge the requirements of A further and important years. BOSS has worked together
There, we explained that the notice itself. benefit of instructing a lawyer at with Gary Lewis from Squire
accidents that are work-related It is worth remembering the outset is that it will enable Saunders (UK) LLP for many
and are RIDDOR (reportable that most inspectors are from you to exert ‘privilege’ over the years, and over that period,
under the Reporting of Injuries, a general manufacturing one document that has the many members have benefitted
Diseases and Dangerous background and may not be potential to self-incriminate from this collaboration in
Occurrences Regulations 2013) fully aware of the OP industry’s your organisation and for terms of positive outcomes
tend to attract an inspection machinery and processes. For individuals: namely your internal following investigations and/or
from the Health and Safety example, if the HSE Inspector Accident Investigation Report prosecutions by the HSE.
Executive (HSE), especially with is querying the compliance of (AIR). If you do not protect your It is vitally important that
the introduction of Fee for your use of a machine against Accident Investigation Report you do not wait until the
Intervention (FfI). the Provision and Use of Work with privilege, it is disclosable formal PACE interview or
Contacting and engaging Equipment Regulations (PUWER), to the regulator if they ask prosecution before thinking
with a BOSS Health, Safety & it may be that the Inspector is for a copy of it. Indeed, it is about instruction of a specialist
Environmental adviser can help requiring you to do more than standard practice for a regulator lawyer to help you. Early
mitigate problems at an early is expected under PUWER. to request disclosure of your engagement with your broker
stage. The adviser will be able to This is a common scenario, Accident Investigation Report, or insurer to negotiate the
ascertain the significance of the particularly where the machinery because it has the potential to terms for the appointment of a
issue and determine whether manufacturer is not situated in self-incriminate. specialist lawyer of your choice
the accident or near miss is the UK. The best way to resolve As was previously explained, is paramount.
likely to attract scrutiny from a such issues is to put a BOSS organisations are free to appoint
regulator and, if so, the likelihood HS&E adviser between you and a lawyer who may not be on n FOR FURTHER ADVICE
that the inspector will pursue the Inspector and for them the insurance approved panel ON THIS SUBJECT, PLEASE
criminal proceedings against the to conduct negotiations on of solicitors, under ‘your right CONTACT LYNDA TAYLOR,
organisation and/or individuals. your behalf. The benefit of this to choose’ in the Insurance HEALTH SAFETY &
Such early engagement also solution is that the Inspector Companies (Legal Expenses ENVIRONMENTAL ADVISER,
helps towards compliance with will find it difficult to question Insurance) Regulations 1990. ON 07801 981340.

July/August 2014 | BOSS TODAY 31

DTB1.indd 3 18/07/2014 15:31