‘You must be very mindful of the human impact in those early days and weeks’
Colin is talking with Philip Tracey, Solicitor Advocate and partner in the firm Plexus legal LLP
He has been practising in the field of health and safety law for more than 25 years and shares invaluable advice about what happens when there is an event or situation that requires his professional involvement.
His role is as a defender for those facing investigation or prosecution by the regulator and the police in relation to fatal accidents and potential personal and corporate manslaughter charges.
KEY TAKEAWAYS
It’s a sad reality of my job that when I turn up when something has gone wrong, sometimes seriously wrong, there is a crisis to be managed and you have to help the client through.
How soon should you be involved?
The earlier we are involved, to assist and manage as the situation evolves the better. You have to be able to control the evidence, the risk with individuals who are in shock is they may say things or leap to conclusions without understanding the possible consequences.
In the early moments, you are effectively trying to buy time so people can have the time to reflect and review documents.
It’s important that any recommendations and conclusions are relevant and specific to what has happened.
Change may be a consequence but the initial reports must always be interim as continuing and further investigation may be required or expert assistance required.
Legal privilege how does it work?
For the purposes of litigation, it’s important that the company gets the protection of legal privilege. Any documents or investigations are carried out or completed in contemplation of potential legal proceedings and therefore any material produced during the investigation does not have to be disclosed outside of the company unless it wishes to do so.
It gives you the comfort and opportunity to carry out a detailed and thorough investigation of the facts, knowing that any report will be a robust document in terms of its conclusions.
Have you seen a difference in the way companies conduct themselves as a result of the recent changes to sentencing guidelines?
Business is aware of the guidelines from the larger companies through to micro organisations.
The primary aim of these guidelines is to send a message to the large organisations but it is the smaller businesses that feel the impact through the level of fines.
The big organisations are usually able to look after themselves and have people in designated roles to deal with crisis situations. It’s the smaller and micro organisations that do not have the capacity to deal with these situations and the potential fines.
Do you work proactively with companies?
There is now a focus on systems and paperwork but this only a part of the requirement for good health and safety. All the relevant sections of a company must understand the impact and how they are interlinked.
It can’t just a paper exercise, there must be an understanding and close liaison between those who are managing the process and those who are implementing it with regular dialogue
The most important thing about a company is the culture.
BEST MOMENTS
‘It's vital that the business is still able to run and have both health and safety’
‘It enables the company to explore things fully without the fear that everything can be disclosed’
I very rarely come across situations where any accidents are the result of cost-cutting or any deliberate behaviour something has gone wrong but it's not intentional by anyone
‘When you are dealing with the regulator they are the ‘police’ in the situation and you should act accordingly’
VALUABLE RESOURCES
The Interesting Health & Safety Podcast
Philip.tracey@plexuslaw.co.uk
ABOUT THE HOST
Colin’s Biography
‘Making health and safety as important as everything else we do.’
This is the belief that Colin is passionate about and through his consultancy Influential
Management Group (IMG) is able to spread into industry.
Colin works at a strategic level with company owners and board members. He helps business leaders establish and achieve their health and safety ambitions.
He has developed a number of leading competency improvement programmes
That are delivered across industry and his strengths are his ability to take a practical approach to problem-solving and being able to liaise at all levels within an organisation.
Colin also runs a company that vets contractors online and a network that develops and support H&S consultancies to become better businesses.
Colin chairs the Construction Dust Partnership, an industry collaboration directly involving
many organisations, including the Health and Safety Executive.
He is a Post Graduate Tutor at Strathclyde University and a highly sought-after health and safety speaker and trainer.
He has a Post Graduate Certificate in Safety and Risk management, an engineering degree and is a Chartered Member of the Institution of Occupational Safety and Health (IOSH).
