Health and safety

Faced with the ever-increasing burden of legislation, meeting a company’s health and safety requirements is a daunting task for directors and managers.

Our specialist health and safety solicitors have advised across a full spectrum of health and safety cases.

Operating throughout England and Wales, our health and safety lawyers have extensive experience in diverse sectors including construction, transport, farming, quarrying, leisure and residential care.

We also advise on preventative measures such as the drafting of health and safety documentation or explanation of the application of new legislation on particular business sectors.

We represent clients throughout any investigation process, during any ancillary proceedings (such as inquests), and where necessary during court proceedings at all court levels.

When accidents do occur it is often vital that the right choices are made straight away. We provide a First Response service which includes 24 hour emergency telephone legal advice, 365 days a year. We are able to deploy a lawyer on site in immediate response to a critical incident.


Health and safety at work

Health and safety breach litigation can have grave consequences. Average fines increase year on year and are likely to increase exponentially in cases arising from deaths in the workplace. Reputation and share price damage is also a significant issue for our clients.

Our lawyers understand this context and are well practised in ensuring that businesses and individuals are properly defended from all of these potential threats.

Health and safety law - advice on prevention

It is vital that any organisation has the correct health and safety policies in place.

Our health and safety solicitors can provide you with advice on all aspects of health and safety law to ensure that you have the proper policies in place to protect your organisation from a health and safety breach.

We can provide the following services:

  • provision of ad hoc or regular updating advice as to the sufficiency of health and safety documentation;
  • advice on the applicability of new law to your business;
  • advice on health and safety management structures and chains of responsibility; and
  • If required, we can also provide training on health and safety law and the consequences of a health and safety breach.

Health and safety defence

A health and safety breach can have a detrimental effect on your business. Our health and safety solicitors have a wealth of experience in health and safety law matters. We are well practised in ensuring that businesses and individuals are properly defended from all of the potential threats of a health and safety breach.

We can provide the following services:

  • First Response
    Immediate deployment on site when serious accidents occur. Responsive focused strategic planning and action to take the matter forward and resolve it with least damage to your business.
  • Investigation support
    Representation throughout the interview process. Often including the preparation of detailed statements.
  • Averting prosecution
    Making representations to the prosecutor with a view to averting prosecution entirely or limiting its scope.
  • Ancillary proceedings
    Representation of companies and key individuals as interested persons during inquests and coroners’ inquiries and public enquiries.
  • Defence at court
    – of corporate defendant
    – of key individuals
    – of managers (S.7 & 37)
  • Support following proceedings
    – press relations/management
    – re-drafting of documentation
    – linked services from other specialist teams such as employment and defendant insurance litigation

Corporate manslaughter

The Corporate Manslaughter and Corporate Homicide Act 2007, which came into force on 6 April 2008, means that companies and organisations can be found guilty of corporate manslaughter as a consequence of significant management failures resulting in a gross breach of a duty of care.

If your organisation has been accused of corporate manslaughter it is essential to take legal advice as early as possible. Our health and safety solicitors have the experience and skills needed to best advise you on your options. We can assist you throughout the investigation from the day of the incident until the investigation reaches its conclusion.

Experience

We deal with the full spectrum of health and safety matters throughout England and Wales.

Recent cases include:

  • a multiple fatality Legionnaires outbreak at a leading UK hotel;
  • a multiple fatality carbon monoxide poisoning;
  • multiple deaths of elderly residents at a care home;
  • matters involving specialist legislation such as the quarry regulations;
  • a public enquiry arising from a notorious food safety incident;
  • a current investigation conducted under the new Corporate Manslaughter Act; and
  • current Section 7 and 37 prosecutions of individual managers and directors.

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Our Offices

Cardiff
Hodge House
114 - 116 St. Mary Street
Cardiff, CF10 1DY
Tel: 029 2022 4871
Fax: 029 2038 8222


London
Temple Chambers
3-7 Temple Avenue
London, EC4Y 0DA
Tel: 020 7936 3453
Fax: 020 3053 8562


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