Health and Safety
THE CHAPTER of accidents in any company is likely to be such a complex narrative that only an expert can determine blame and responsibility.
So why do many companies choose not to seek specialist advice but rely instead on their usual advisors - or a lawyer provided by their insurers who deals predominantly with personal injury claims and will only rarely encounter criminal investigations?
It baffles Jon Cooper, one of the country's leading health and safety lawyers.
"Investigations by the Health and Safety Executive or other prosecuting authorities can be complex and lengthy," says Jon, who heads Bond Pearce's specialist health and safety team.
"Only a lawyer who deals with such investigations and prosecutions on a daily basis can understand the evidential statutory issues that arise."
Bond Pearce enjoys a distinguished reputation for its health and safety legal work, handling prosecutions on behalf of the HSE and also acting for defendants.
The team's work has ranged from explosions in steelworks to hazardous substances used on a farm being run in receivership by an accountancy practice.
"We have strength in depth and a peerless track record," Jon says. "This is a full-time team of specialist health and safety lawyers who understand the statutory health and safety framework."
But the team's work is concerned as much with keeping clients out of trouble as representing them when in breach of regulations.
"There's a greater emphasis now on occupational health and a greater need for prevention.
"Health and safety must be an integral part of a company's strategy. It's essential to corporate social responsibility and corporate good governance.
"The consequences of lax health and safety can be harmful not only to employees and the public. There's a risk to a company of losing its place on the public sector tender list - and the looming prospect of a criminal offence of corporate manslaughter."
Bond Pearce teaches good practice through seminars and regular updates on changes to the regulations.
"Large organisations and businesses come to us in increasing numbers not only when they have big problems but because they want advice on how to avoid them," Jon says.
