Health and Safety

Webinar: Corporate Investigations – Recent Developments

We are pleased to be teaming up with Mondaq on the 18th May 2023 to host a live webinar discussing the recent developments in corporate investigations and regulatory compliance. In this webinar, BCL’s John Binns, Tom McNeill and Anoushka Warlow will explore the recent approach of regulators to economic crime, supply chains, failure to prevent notices, deferred prosecution agreements, and the proceeds of crime.

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Safety is not rocket science

Last year, in its ten year strategy, the Health and Safety Executive announced that it is looking to regulate workplace safety in ‘different ways’, in the light of the maturity and understanding of business in managing such risks.[1] What does such an intention mean for organisations with mature health and safety systems which have conscientiously sought to ensure safety, if they experience a serious accident?

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Cognitive Bias and Defending Health and Safety Investigations

Much is now understood about cognitive bias and the implications for decision-making. Unfortunately, that understanding is rarely applied in the criminal justice process. The Health and Safety Executive (‘HSE’) is more advanced than some investigating authorities in that it recognises and even provides some limited guidance on the issue. Their guidance ‘Investigating accidents and incidents’ (aimed principally at organisations but also reflective of HSE practices) provides: “The investigation should be thorough and structured to avoid bias and leaping to conclusions. Don’t assume you know the answer and start finding solutions before you complete the investigation. A good investigation involves a systematic and structured approach.”

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