Incident Report

 

Subject: Work Related Deaths Investigators Guide
Date of Email: Fri 23/04/2004
Report Detail:

This guide, published by the HSE, is to help those responsible for investigating workplace deaths. It should be read along with the revised ‘work – related deaths: a protocol for liaison’ document. This guide considers best practice and is intended to provide practical guidance on following the principles of liaison from the Protocol.

The guide presents a 'step-by-step' approach to investigating deaths in the workplace and includes guidance in relation to domestic gas and road deaths. During preparation of the guide, consideration was given to the legislation that impact on all criminal investigations, including the Police and Criminal Evidence Act 1984, Criminal procedures and investigations Act 1996, and the Youth Justice and Criminal Evidence Act 1999. It also takes into account guidance given to Police from ACPO manuals including those dealing with homicide, road death and the Human Rights Act 1998. The guide applies to all work – related deaths including deaths within the signatory organisations.

In addition to conducting a criminal investigation to determine whether a person (or company) should be charged with an offence, the HSE and local authorities also have a responsibility to ensure duty holders (who may also be suspects) take action to deal immediately with serious risks, and to promote and achieve sustained compliance with the law.

The guide emphasises sound investigations and, in particular, the philosophy of the Joint Investigation. The need to liase with colleagues from other parties is reiterated throughout the guide.

The first section of the guide contains a flow chart, which aims to summarise the Protocol in one page. This allows the investigator to consider their action within the context of the Protocol.

The investigators guide is presented in a sequential and numbered 'tick-box' order. It begins with the initial actions at the scene through to the management stage of the investigation. The numbered actions have up to three 'tick-boxes', each set out in columns headed 'done', 'review' and 'policy only'.

The 'review' section allows the user to note when action has been considered but not done, so that it may be reviewed later. Each user is expected to endorse either the 'done' or 'review' tick – boxes. The third 'tick – box' indicates that some action can only be undertaken by the police.

The general duties expected of the first officer (usually a police officer, but could be the HSE, local authority, or other investigation or enforcing authority) are setout, including identification of the scene, performing an initial risk assessment, ascertaining location of the fatality, etc. In addition, the following incidents are covered:

  • Domestic gas incident.
  • Road death incidents.
  • .Railway incidents

The critical review establishes the issues of primacy. The HSE, local authority, or other investigating or enforcing authority should be present. As the investigation progresses, more critical reviews may be necessary.

The duties of the supervisory police officer are also set out. A specific section deals with the case of railway incidents.

 
Linked documents: Death Investigators Guide (PDF doc.)