Operational partnerships - Work-related deaths policy (O19b)

1. Summary of changes to policy

1.1.This standard operating procedure (SOP) has been reviewed in October 2023 - no amendments to content made.

Compliance with this SOP and its governing policy are mandatory.

2. Introduction

2.1. In 1998, a protocol was introduced in relation to the investigation of work-related deaths and was jointly published by police, Crown Prosecution Service (CPS) and the Health and Safety Executive. A second version was published in February 2003, and extends the partnership to include local authorities through their representative body, the Local Government Association, and the British Transport Police. The protocol seeks to emphasise the importance of working together to investigate thoroughly, and to prosecute appropriately, those responsible for work-related deaths in England and Wales. This policy introduces that document and copies are available from divisional crime managers.

3. Statement of intent

3.1. In the early stages of an investigation, whether any serious criminal offence has been committed is not always apparent. The parties to the protocol are committed to ensuring that any investigation into a work-related death is thorough and appropriate, and agree to work closely together in order to achieve this. Decisions in relation to who will lead the investigation, and the direction it will take, should be timely, informed by the best available evidence and technical expertise, and should take account of the wider public interest. Should there be any issue as to who is to be involved in investigating any work-related death, then the parties will work together to reach a conclusion.

4. Initial action

4.1. A police officer attending an incident involving a work related death should arrange, according to Kent Police force procedures governing unexplained deaths, to:

• identify, secure, preserve and take control of the scene, and any other relevant place
• supervise and record all activity
• ensure a detective inspector or senior detective officer on call is informed
• enquire whether the employer or any other responsible person in control of the premises or activity has informed Health and Safety Executive (HSE), the local authority or other investigating or enforcing authority
• contact and discuss the incident with HSE, the local authority or other enforcing authority, and agree arrangements for controlling the scene, for considering access to others, and for other local handling procedures to ensure the safety of the public
• where there is a consideration for gross negligence manslaughter and/or corporate manslaughter, a major crime SIO should be consulted. It is imperative that the duty detective inspector and senior detective on call (SDOC) are familiar with case law and/or have sought an understanding. It is the SDOC that should call the major crime SIO for further consultation and guidance

4.2. All work related deaths will be attended by a detective inspector. The purpose of the attendance is to:

• assess whether the death should be treated as suspicious in accordance with policy O19 investigating deaths
• assess the situation, review actions taken to date and assume responsibility for the initial investigation
• agree primacy with partner agencies
• ensure that an investigation has commenced in accordance with the work related death protocol

4.3 Should any other investigating or enforcing authority have staff in attendance before the police arrive, it should ensure that that the police have been called, and preserve the scene in accordance with the initial actions (above) until the police get there.

5. Management of the investigation

5.1. Investigations should always be managed professionally, with communications between the signatory organisations continually maintained. Investigations should generally be jointly conducted, with one of the parties taking the lead, or primacy, as appropriate. An investigation may also require liaison with any other enforcing authority that may have an interest, and may include liaison with the Crown Prosecution Service (CPS).

5.2. Throughout the period of the investigation, the police and HSE, the local authority or any other enforcing authority should keep the progress of the investigation under review. Milestones should be agreed and monitored, and policy and key decisions recorded.

5.3. The police, HSE, the local authority or other enforcing authority should agree upon:

• how resources are to be specifically used
• how evidence is to be disclosed between parties
• how the interviewing of witnesses, the instruction of experts and the forensic examination of exhibits is to be co-ordinated
• how, and to what extent, corporate or organisational failures should be investigated
• a strategy for keeping the bereaved, witnesses and other interested parties such as the coroner, informed of developments in the investigation
• a media strategy to take account of the sensitivities of the bereaved and those involved in the incident, and to encourage consistency of approach in reporting

5.4. In certain large-scale investigations it may be beneficial to form a strategic liaison group to ensure effective inter-organisational communication, and to share relevant information and experiences.

6. Decision making

6.1. Where the investigation gives rise to a suspicion that a serious criminal offence (other than a health and safety offence) may have caused the death, the police will assume primacy for the investigation and will work in partnership with HSE, the local authority or other enforcing authority. In these circumstances, Kent Major Crime Unit should be made aware of the death.

6.2. Where it becomes apparent during the investigation that there is insufficient evidence that a serious criminal offence (other than a health and safety offence) caused the death, the investigation should, by agreement, be taken over by the HSE, the local authority or other enforcing authority. Both parties should record such a decision in writing.

6.3. Where HSE, the local authority or other enforcing authority is investigating the death, and new information is discovered which may assist the police in considering whether a serious criminal offence (other than a health and safety offence) has been committed, then the enforcing authority will pass that new information to the police. An enforcing authority inspector may do this, but it may also be from the enforcing authority’s solicitor via the CPS. The police should then consider whether to resume primacy for the investigation. The decision and reasons should be recorded in writing.

6.4. There will also be rare occasions where as a result of the coroner’s inquest, judicial review or other legal proceedings, further evidence and surrounding facts may be required. Where this takes place the police, the local enforcing authority with primacy for the investigation and the CPS will work in partnership to ensure an early decision. There may also be a need for further investigation.

6.5. All such incidents will be treated as suspicious deaths. They will be attended by a detective inspector and reported as soon as practicable to the SDOC who will inform the duty superintendent.

6.6. All investigation into work related deaths will be conducted in accordance with the guidance contained within the protocol. Further information can be found in the Health and Safety Executive document work-related deaths protocol: practical guide.

7. Security

7.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy.

8. Retention and disposal of records

8.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.