HEALTH & SAFETY
HORE
MARINE ACCIDENT INVESTIGATION BRANCH (MAIB) There is also the involvement of the MAIB whose job it is to investigate accidents at sea in order to learn lessons therefrom, but not to apportion blame. The MAIB has statutory powers which must be balanced with the statutory of powers exercised by other bodies such as the Health and Safety Executive and the Maritime and Coastguard Agency. The latter wears a variety of hats when it comes to offshore incidents, from being the Search and Rescue authority through to involvement with Port State control issues, as well as the investigatory and prosecution role of the MCA Enforcement Unit.
In addition the Police will also have a role to play, whether as a Coroner’s Officer in the case of a fatality or an investigating body in the case of potentially serious crimes such as manslaughter.
www.windenergynetwork.co.uk 99
CRIMINAL INVESTIGATIONS The rules relating to criminal investigations differ greatly to those involving civil investigations. The various investigating authorities have powers to interview under caution and it is vital that those being interviewed under caution are aware of their rights and also possible conflicts between employers and employees, so that appropriate independent representation can be arranged. It is also vital that lawyers with appropriate experience are instructed.
RENEWABLEUK OVERVIEW CIRCULAR The influential industry body Renewable UK has recently published a circular relating to incident response, which is available from its website. The circular provides a useful overview of the relevant legislation, standards, and codes of practice and highlights the need to consider taking appropriate legal and professional advice in relation to the practical consequences which may arise following any incident; specialist legal advice is vital to preserve both corporate reputations and to protect individuals from criminal prosecution.
Andrew Oliver Andrew Jackson Solicitors
www.andrewjackson.co.uk
e = See enhanced entry online RenewableUK
www.renewable-uk.com
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