The role of the HSE
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Now we need to have a look at the role of the HSE because they are going to be involved and you need to be aware and you need to have all of your information for when they get actually on the scene and they will come quickly. Justin, what are your feelings on this?
The HSE carried out a very important role post instant, to ensure that corporate entities and organizations have abided by the letter of the law, they were prepared as they would be expected to be, what flaws in the processes or protocols went wrong. They will advise on how to amend those processes and protocols, they've got a great deal of experience in this area. You need to be certainly aware that they also have legal powers to take you to court, in terms of the bare minimum, some hefty large fines, if you've been found wanting for any areas. Not only is there a corporate manslaughter charge, that can be brought against the company, but now individual directors and individual personnel within a company can be prosecuted if they have found that they didn't act appropriately.
So what we are saying is, if you have got everything in place and you have done everything you possibly can to mitigate the accident and you've got all your planning and your preparation in place, this is gonna stand you in good stead?
Absolutely, the more you plan, the more that you can show that you assess the risks, that you have provided good strategies to mitigate them, you have provided good training to your personnel, that you kept good audit records to ensure that your equipment and whatever else you used was up to date, serviceable. These are all things that are going to stand you in good stead.
You also said at the beginning that they come post-incident, but actually, do they come, and can they come, and will they come actually, sooner than that?
They can come a lot earlier. They can come while the incident is still ongoing, particularly if it's an entrapment incident. I've certainly seen them turn up on scenes where we have had entrapped people collapsed under a wall before quite early on. And of course, they have the power to start seizing records.
So literally could you... You're not going to get a pre-warning to this. If the incident happens, they can turn up at any time and they can seize anything that they require. And I presume that will be backed up by law and the police if required. Yeah, so you can't hide, you can't run away and you can't plan for this, it's gotta be... You have got to have everything in line before the incident happens because there is no trying to cover your tracks afterwards either.
So what we need to remember, the HSE have an awful lot of power, and they will be on the scene, they will do the investigations. But it is there for your benefit, they are there trying to keep your workforce, your staff, you and everybody else safe. So do not look at them as the enemy, look at them as a real working part of what you do, involve them and welcome them in, because they are only there to try and help you. The only reason people get fines and sued and court actions are because they have not followed the recommendations and the rules that are laid down by the HSE. They are your friend, not your enemy.
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