areas of practice - health & safety

In recent years there has been a significant increase in enforcement proceedings taken in respect of breaches of health and safety legislation. Record fines, imprisonment and disqualification of directors are regularly reported. If your company or staff face prosecution, independent specialist advice on liability and mitigation is essential to minimise the risk that your case will hit the headlines.

Criminal proceedings are not, however, inevitable as inspectors posses a wide discretion to conclude that other enforcement action, such as warnings, cautions or improvement notices adequately satisfy the public interest. This can be true even for large multinational businesses in serious cases. Your attitude towards victims, their families, other employees and inspectors is key and can determine how an inspector exercises his discretion. How you conduct yourself at an inquest or how you approach an interview can determine whether the evidence will justify a prosecution.

At Osborn Abas Hunt we have expertise in advising clients, large and small, in professional and industrial sectors, on compliance with health and safety legislation. We provide training in how to respond to investigations and provide support and advice immediately after an incident. We represent clients throughout an investigation and take the opportunity to make representations as to why a case should not be prosecuted. If proceedings are issued, we thoroughly prepare cases for court and work alongside some of the best barristers in the country. Potential defences and mitigation are thoroughly explored.

Most businesses are insured for their legal costs arising from an accident in the workplace. Does your insurer value your business enough to ensure that you are properly represented and advised throughout the process?