New protocol to improve investigation of work-related deaths welcomed

Scotland’s most senior law officer has welcomed a new agreement which will “transform” how agencies work together in the investigation of work-related deaths in Scotland.

The Work-Related Deaths Protocol aims to make investigations in these cases better and faster by improving communication.

It draws on lessons learned from major incidents such as the Stonehaven train derailment in 2020 which claimed three lives, and the capsize of the fishing vessel Nancy Glen in 2018 with the loss of two lives.

The protocol has been signed by the Crown Office and Procurator Fiscal Service (COPFS), Police Scotland, British Transport Police, Scottish Fire and Rescue Service (SFRS), the Health and Safety Executive, the Office of Rail and Road (ORR), the Maritime and Coastguard Agency (MCA), and the Office for Nuclear Regulation (ONR).

It sets out a framework for more effective and closer working between agencies based on common goals in the investigation, prosecution and preparation of fatal accident inquiries for work-related deaths.

Lord Advocate Dorothy Bain KC, who has responsibility for systems for the prosecution of crime and investigation of deaths in Scotland, said: “The effective investigation of work-related deaths requires the Crown Office and Procurator Fiscal Service to work closely with many partner agencies in a complex investigatory and regulatory landscape.

“I am confident that the introduction of this new protocol will transform the way we work together.”

Debbie Carroll, who leads on health and safety investigations for the COPFS, also welcomed the protocol.

She said: “Everyone should return home safely after their shift and workplace fatalities are some of the most devastating deaths that family, friends and colleagues have to deal with.

“I am grateful for the involvement of the signatories in the creation and implementation of this protocol.

“It draws upon the experiences of partners to ensure that all necessary and appropriate investigations are undertaken by the relevant agency and that each line of investigation progresses as quickly as it can while the overall journey time of health and safety deaths investigations is reduced.”

Richard Hines, ORR’s HM Chief Inspector of Railways, said the organisation recognises the importance of an agreed approach to the joint investigation of workplace deaths.

He said: “We are committed to effective communication and sharing best practice with investigative authorities to ensure the high standards set out by the protocol are met.”

Assistant Chief Officer Jon Henderson, director of prevention, protection and preparedness at SFRS, said the protocol will help all those involved to “deliver a high standard of professionalism in what can be challenging circumstances”.

Neil Cunningham, head of the regulatory compliance and investigations team at the MCA, said: “Our involvement in this protocol demonstrates our commitment to working in co-operation with other agencies to enhance safety measures and protect the lives of those who work at sea and along the coast.”

Richard Stoddart, an ONR principal nuclear site health and safety specialist inspector, said the protocol will “ensure that a collaborative and co-ordinated approach is followed in the best interests of public safety and those affected by work-related deaths”.