Health and Safety Prosecutions Solicitors

What Triggers a Health and Safety Prosecution?

A prosecution usually follows:

A serious workplace incident (injury, fatality, or near miss)
A report from an employee, whistleblower, or member of the public
Inspection findings by regulatory bodies (e.g., HSE in the UK, OSHA in the US)

Who Can Be Prosecuted?

Employers (companies or sole traders)

Directors and managers(for consent, connivance, or neglect)
Employees(for reckless or dangerous actions)
Contractors or subcontractors

Common Offences

Failure to ensure a safe working environment
Inadequate risk assessments
Lack of training or PPE
Unsafe equipment or machinery
Breaching specific regulations (e.g., Working at Height, Control of Substances Hazardous to Health)

Penalties

Fines: Can range from thousands to millions depending on severity and company size
Imprisonment: For individuals where negligence or gross breach is proven
Disqualification: Directors can be banned from holding company positions
Reputational damage: Publicised cases can significantly impact businesses

Example Cases

Alton Towers (2015) – Merlin Attractions Operations Ltd was fined £5 million after a rollercoaster crash injured five people.
Celsa Manufacturing (2015) – Two employees were killed in an explosion; the company was fined £1.8 million.
Network Rail (2022) – Fined £6.7 million after a worker died due to electrocution.

How to Prevent Prosecution

Conduct thorough risk assessments
Maintain and inspect equipment regularly
Train staff properly
Implement robust safety procedures
Record and report incidents
Engage with workers on safety issues

Niche Option/Overage Agreements is a niche sector that we have fine tuned to give sound legal advice protecting your business interest.

Flexibility We are flexible with our approach and appreciate that you are busy. Any meetings can be held via Teams or at any one of our offices.

Expertise Our lawyers have experience within Tier 1 law firms internationally and nationwide. Instructed on transactions from a peppercorn up to £1 billion pounds.

Costs We will always provide you with a fee estimate. If there is any additional work, instructions change or the matter becomes protracted then; we will inform you of any uplift.

Established We have over 150 years’ experience in providing specialist legal advice representing businesses and high net-worth individuals.