SCOTS Body Will Probe Accidents at Work

[brothermagrew]

Scots body will probe accidents at work:

A body to investigate accidents in Scottish workplaces has been set up in an effort to improve safety. The Specialist Health and Safety Division will examine cases reported to the procurator fiscal by the Health and Safety Executive (HSE). Lord Advocate Elish Angiolini QC said the creation of the department will produce a concentration of expertise and help to identify bad practice. The division, which will start operating in January 2009, will be led by a senior prosecutor overseeing teams of lawyers. Lord Advocate Elish Angiolini QC said: 'Reports from the HSE to the Procurator Fiscal can range from the tragic loss of life at work, to incidents with potentially life threatening consequences. Each case is an opportunity to identify bad, and illegal, practice; to bring to justice those who fail to discharge their responsibilities under health and safety law; and, importantly, to bring all relevant expertise to bear to help create and maintain safer workplaces.' Judith Hackitt, chair of HSE, which has a Britain-wide remit, welcomed the creation of the body. 'Our joint working in such specialised and sensitive territory can only be enhanced by having a dedicated team of lawyers involved.' The Scottish Trade Unions Congress (STUC) said it supported the move 'wholeheartedly'. General secretary Grahame Smith, said: 'Our experience of dealing with families who have paid the ultimate price of health and safety failures, the loss of loved ones, is that there would be comfort in knowing that a dedicated team of specialist prosecutors were committed to investigating the fatal event as swiftly as possible and making sure the case against any potential accused was expertly prepared.' He added: 'This new Division must also ensure that families receive frequent updates and progress reports during the often lengthy investigation process and during any court proceedings.'

[brothermagrew]

The Lord Advocate, the Rt Hon Elish Angiolini QC, today announced the creation of a dedicated, specialist Division for the investigation and prosecution of all cases which are reported to the Procurator Fiscal by the Health and Safety Executive.

The move has been welcomed by the Health and Safety Executive (HSE) and by the Scottish Trades Union Congress (STUC).

Led by a senior prosecutor, the new Division will consist of experienced lawyers working in 3 teams: Scotland North, working closely with HSE staff in Aberdeen; Scotland East, working with HSE staff in Edinburgh; and Scotland West, working with HSE staff in Glasgow.

It is anticipated that this new approach will result in a greater concentration of expertise; increased specialist input at the start of an investigation; and enhanced liaison with stakeholders in this area of investigation and prosecution.

The Lord Advocate Elish Angiolini QC said:

"This is a complex and sensitive area of our work as prosecutors. Reports from the HSE to the Procurator Fiscal can range from the tragic loss of life at work, to incidents with potentially life threatening consequences. Each case is an opportunity to identify bad, and illegal, practice; to bring to justice those who fail to discharge their responsibilities under health and safety law; and, importantly, to bring all relevant expertise to bear to help create and maintain safer workplaces.

"All of these cases are important, and they are very often legally complex. With the creation of this national Division, which will work in 3 geographical teams, we are pooling expertise and experience, and ensuring that lawyers who work on HSE cases will be solely dedicated to this specialist area of investigation and prosecution. The new Division will also work in close consultation with dedicated, senior Crown Counsel.

"Communities across Scotland can have confidence that Scotland's prosecution service is dedicating the very best expertise to the investigation and prosecution of all Health and Safety cases."

Judith Hackitt, Chair of the Health and Safety Executive, said:

"I am delighted to hear that this new Division is being set up in COPFS. Our work with the Procurator Fiscal almost invariably involves cases of human suffering which have arisen from accidents and incidents in workplaces in Scotland. Our joint working in such specialised and sensitive territory can only be enhanced by having a dedicated team of lawyers involved.

"Whilst HSE's primary goal is to prevent death, injury and ill health occurring to those at work and those affected by work, effective enforcement is an important and powerful deterrent. Duty holders who breach health and safety law or fail to meet their statutory obligations should be held to account. We look forward to working with the new prosecution Division to enhance the delivery of justice in Scotland."

Grahame Smith, STUC General Secretary, said:

"This announcement from the Lord Advocate is extremely welcome, and the formation of a specialist Health and Safety Division within the Crown Office is something we support wholeheartedly.

"The STUC appreciates competing demands on the prosecution service and the impact complex health and safety cases can have on the workload of Procurators Fiscal. Therefore we believe that these new arrangements will lead to greater consistency in, and more effective prosecution of, health and safety cases.

"This will clearly have massive benefits for all stakeholders, but most important will be the benefits for victims' families in cases where lives are lost."

The new Division will operate effective from January 2009.