For all businesses Health and Safety issues are constantly increasing in importance. And the right advice at the right time is crucial.
The Health and Safety Executive (HSE), Local Authorities and the police are all increasingly focusing upon the role of individuals following workplace incidents and prosecutions brought against individuals for health and safety offences which continue to rise. There are so many issues whereby any business may be affected by health & safety legislation including falls from a height, slips and trips, contact with machinery, contact with moving vehicles, being struck by falling objects and in the expanding sphere of care home management.
Prosecutions can lead to a very substantial fine and directors can face disqualification and even imprisonment. It is imperative, when an investigation commences or a criminal prosecution is brought for an alleged health and safety offence, that you receive the best possible advice and at the right time.
But that’s not all.
Your business may have direct or indirect consequences for the environment…
You need to be fully aware of the extensive enforcement powers of the Environment Agency (EA) which range across enforcement notices and works notices, prohibition notices (where there is an imminent risk of serious environmental damage), injunctions, remedial works (where there can be substantial financial implications for the business if the EA undertakes the work and seeks to recover its full costs), criminal sanctions, including prosecution and also civil sanctions.
Again your business needs the best possible advice and at the right time.
Your business may be involved in the production or preparation and serving of food…
Food Safety legislation and regulation serves a vital public health purpose. Your company’s compliance with the regulations is vital to the continuing success of the business as is knowledge of new procedures such as those relating to key allergens and awareness of issues surrounding contaminated food, unhygienic premises, date coding, labelling, product safety and under age sales among others – all justifying access to the right advice at the right time.
Your business may face a Trading Standards investigation which can cover many different circumstances from misleading descriptions of goods to infringements of copyrighted images…
The willingness to enter into a dialogue with the investigators and the timing and content of that dialogue can make the difference between an informal resolution and a possible prosecution with potentially costly implications.
Newnham & Jordan can assist with health & safety and environmental compliance, food safety and Trading Standards investigations and any resultant litigation. We will provide straightforward and prompt advice (since the sooner you take the first step and seek advice the sooner the problem can be resolved and the greater the prospects of avoiding a potentially life changing prosecution) to help and support you through this challenging time for you, your employees, and your business.
We have experience of advising individuals facing investigation and prosecution for health and safety and environmental offences. Directors, senior managers and other key individuals who find themselves under investigation all need to obtain independent legal advice.
Employees may need their own representation following a workplace incident and employers often recognise the value in securing separate legal advice for their employees. We will, where appropriate, work in conjunction with your employer’s lawyers to provide the all-important independent advice you require.
We can help you in a straightforward, practical, professional and cost effective way…
Deploying resources and expert technical evidence where required to assist you with:
- Investigations by the HSE, the EA and local authorities including liaising with the investigators on your behalf on and off site
- Proactively responding to “dawn raids” (whether or not at dawn)
- Interviews under caution (PACE interviews) wherever and whenever they take place
- Enforcement notices
- Magistrates’ Court and Crown Court proceedings with access to specialist counsel in appropriate cases
- Coroners’ Inquests arising out of workplace deaths
- Appeals to the Crown Court against conviction or sentence
- Environmental civil sanctions
In the first instance call Michael McGhie for a preliminary no obligation chat which can be easily followed up by an early visit to your premises at a time to suit you.