Health & Safety - Possible Breach of Regulations
The Problem:
The sole partner of a small contracting business was referred by his own solicitors to Biggart Baillie for specialist advice as Health & Safety Inspectors had requested a statement on a possible breach of the myriad of regulations facing employers.
A member of the Biggart Baillie team accompanied the client to the interview with the Health & Safety Inspectors at their offices. The client was cautioned and charged before being requested to answer a number of questions.
The Health & Safety Inspectors attempted to get the client to provide a statement at common law without firstly clarifying the distinction between common law and the Health and Safety Regulations.
The Solution:
Following legal advice from the Biggart Baillie team, the Client only gave his name and address on being cautioned and charged. Further questions were asked, but under Common Law and not under the Health & Safety Act and relevant regulations.
The client then gave a statement given under Health & Safety Regulations, the contents of which cannot be used against the client.
The Outcome:
As a consequence the client did not incriminate himself which he could have done if he had given any statement freely other than under the Health & Safety Act and relevant regulations.
No Prosecution under the Health & Safety Act and relevant regulations was taken against the client.