An interesting case was recently publicised following the death of a reservist solider, which highlights the importance of Crown employers complying with the applicable provisions of the Health and Safety at Work etc. Act 1974. The full article is available here.
The HSE have issued the Ministry of Defence (MoD) with a Crown censure. While the Crown is exempt from the provisions relating to enforcement notices, prosecutions and penalties, there is a mechanism to ensure the Crown is accountable. ‘Crown censure’ means the formal recording of a decision by HSE that there was a failure to comply with Health and Safety law which would, but for Crown immunity, likely have resulted in prosecution in the courts. HSE statistics show thirty-three Crown censures in the last 20 years.
Crown Prohibition and Improvement Notices are served where an Inspector considers there is a significant risk of serious injury or breach of Health and Safety legislation. The notices are non-statutory, although the procedures involved are similar to that of a statutory notice. The notice will detail the action required, why it is required and the length of time permitted for compliance. The Crown body can appeal or ‘challenge’ the notice through the Inspector’s line management chain, ultimately to the Director for Regulation. A failure to comply with the notice could lead to Crown censure.
Our experienced team have over 20 years combined experience as Regulators with HSE and are available to answer any queries that you may have in relation to prosecutions or Crown censures. Please contact us to arrange a call with one of our experts.