Liam O

Health & Safety Offences

Every type of job offers potential health and safety risks for the employer. In some jobs these risks are more obvious that others – building sites, etc.

The law imposes a responsibility on employers to ensure the health and safety of all their employees whilst at work. The law is governed by the Health and Safety at Work Act 1974.

Failure by an employer to comply with health and safety law is an offence in itself and may lead to prosecution. In England the Health & Safety Executive prosecute cases themselves.

In Scotland the Health & Safety Executive investigate the case. Any cases considered suitable for a prosecution are referred to the Procurator Fiscal.

Both the health and safety investigator and the Procurator Fiscal work together in terms of any eventual prosecution.

At Liam O’Donnell & Co our experienced team of solicitors explain the requirements under the law and assess your defence as to any prosecution. We like to become involved in cases at an early stage and can often arbitrate and liaise with the prosecution to explain any alleged defects in procedure.

Prosecution is generally to inadequate training supervision or failure to provide a safe system of work.

This is a complex area and professional advice is essential from the earliest possible stage.

Our renown team of solicitors will be able to provide you with reassurance to guide you through a difficult process.

If you are an employer with a concern about such a prosecution please contact us for advice. The first interview is free. Any subsequent involvement is generally covered by the firms insurance policy.

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