New work-related deaths protocol agreed between crown office and regulators

A workplace incident involving a death often means that more than one investigating body will be involved in examining the circumstances of the incident and taking enforcement action where necessary.

Those bodies could have different powers and competing interests so there is a Work-Related Deaths Protocol (“Protocol”) in place on best practice when they need to work together to investigate work related deaths.

A new version of the protocol was agreed last week, seeking to improve collaboration and increase efficiency of investigations. The updates draw on experiences from investigating high profile incidents like the Stonehaven train derailment. 

A wider group of bodies have signed up to the new version of the protocol and are as follows:

• Crown Office and Procurator Fiscal Service (COPFS)
• Police Scotland
• Health and Safety Executive (HSE)
• British Transport Police
• Office of Road and Rail (ORR)
• Office for Nuclear Regulation (ONR)
• Scottish Fire and Rescue Service (SFRS)
• Maritime and Coastguard Agency (MCA)

Whilst Police Scotland have primacy when investigating work-related deaths in Scotland, they usually hand over to the relevant investigating body if there is no evidence that a corporate homicide offence has been committed. The police may remain involved depending on the circumstances and the protocol encourages early identification of who will lead the investigation as well as the sharing of information between investigating agencies.

The fact that investigating agencies work closely with COPFS and Police Scotland when investigating work-related deaths is not a new concept, but the updated protocol brings a renewed focus and places the onus on those agencies to work together effectively and efficiently to complete their investigations and reach a decision on enforcement action in a timely manner, including whether a criminal prosecution and/or a Fatal Accident Inquiry should be held. Even agencies who are not signatories to the protocol are expected to be guided by its principles.

In the wake of the new protocol, it is more important than ever to revisit your incident response and investigation procedures and ensure that you are in the best position to respond to a serious incident and manage document and information requests from what could be multiple agencies. Get in touch with our health and safety team if you would like to discuss your requirements. 

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