Health and safety

Kennedys' Health and Safety team has extensive experience of work related criminal investigations giving practical advice, often in the immediate aftermath of a workplace accident or incident.

In the recent edition of Legal 500, published in September 2005, Kennedys was ranked in the top three law firms in the UK for health and safety work and the team was praised for its "superb litigation." Chambers placed the team second.

Our defence lawyers are highly experienced in dealing with the enforcing authorities such as the police and HSE from the day of an incident, through an investigation, and where charges are brought, through the court process.

We advise businesses and individuals on health and safety across a variety of industry sectors including construction, railways, healthcare, local authorities, quarries, highways, waste, manufacturing, food standards and environmental. We defend and advise our clients facing investigations and proceedings for corporate manslaughter, gross negligence manslaughter, UK HSE prosecutions, coroner's inquests and public inquiries. We also provide health and safety policy and management advice, as well as training for our clients on various aspects of workplace health and safety law.

Examples of our recent work

• Defending Railtrack plc and Network Rail and its directors and managers in connection with the Hatfield Train Crash Trial
• Representing Network Rail in major incidents at Southall (1997), Ladbroke Grove (1999), Hatfield (2000), Great Heck (2001) and Potters Bar (2002) and in the Gerrards Cross Tunnel Collapse case (2005)
• Representing Costain in proceedings arising out of the Avonmouth Bridge Disaster
• Defending a major sugar refinery company in HSE and police investigations arising out of a dockside fatality
• Defending a large NHS Trust in UK HSE and police proceedings
• Defending numerous construction companies in manslaughter and HSE investigations and proceedings and advising on various aspects of construction health and safety
• Defending a police authority in HSE investigations arising out of a double fatality
• Representing a local authority in connection with deaths in service
• Defending a quarrying company in an industry test case
• Defending a haulage company and the executives in civil proceedings arising out of a multi-party incident
• Numerous other work related investigations and prosecutions involving fatalities and major injuries

Our team of health and safety defence lawyers are used to dealing with all those in the corporate structure from the worker on the ground to the board director. In recent times the team has represented upwards of 300 individuals in police/HSE interviews (including 100 interviews under caution) for manslaughter, workplace health and safety, construction health and safety and other work related offences.

Our lawyers regularly lecture and write articles on workplace health and safety issues and corporate manslaughter. Three of our defence lawyers are identified individually as leading players in this field.

The team is part of Kennedys' Workplace Group bringing together lawyers expert in workplace issues and disputes including employment, health and safety, white collar crime, civil fraud, FSA and environment.