HSE Investigations

HSE investigations

A serious workplace incident can create immediate operational, legal and reputational pressure. If the Health and Safety Executive becomes involved following an accident, complaint, inspection or reported breach, it is important to take early legal advice and manage the response carefully from the outset.

At Anderson Strathern, we advise businesses, organisations and senior individuals on HSE investigations in Scotland. We support clients across a wide range of sectors where a workplace incident, alleged breach of health and safety laws or enforcement issue has arisen, helping them respond strategically, protect their position and manage engagement with HSE inspectors.

Health and Safety Executive investigations in Scotland

The Health and Safety Executive is Great Britain’s regulator for workplace health and safety. In Scotland, HSE investigations follow the same core regulatory framework, but where a suspected offence is identified, HSE reports the case to the specialist Health and Safety Investigation Unit within the Crown Office and Procurator Fiscal Service, which decides whether criminal proceedings should be taken.

HSE investigations can arise after a workplace incident involving injury, ill health, a dangerous occurrence or an alleged failure to comply with health and safety requirements. They may also follow concerns about risk assessments, working practices, site conditions, safety systems or incident reports submitted after an HSE accident or reportable event. HSE’s guidance confirms that employers and those in control of work activities have duties under workplace health and safety law, including around risk control and reporting.

Our expertise in HSE investigations

Our team advises clients at every stage of an HSE investigation in Scotland, including:

• immediate response following a workplace incident or serious accident
• legal advice after contact from HSE inspectors
• support with incident reports and reporting obligations
• investigations involving injury, dangerous occurrences and work-related ill health
• advice on compliance with health and safety laws and health and safety requirements
• enforcement notices, including improvement and prohibition notices
• preparation for interviews and regulatory correspondence
• defence strategy in cases that may lead to prosecution or court proceedings

We understand that HSE investigations often develop quickly and can have serious consequences for employers, organisations and senior decision-makers. Our role is to provide clear legal advice, help clients manage the investigation process and reduce unnecessary risk while the facts are being established.

A practical and strategic approach

When the health and safety executive investigates an incident, it will typically consider what happened, why it happened and whether there were failures in systems, supervision, planning or control measures. HSE guidance says investigations should look beyond the immediate event and examine underlying and root causes.

That makes early legal input especially important. We help clients preserve key information, review documentation, assess internal processes and respond appropriately to requests from the safety executive HSE. We also advise on the adequacy of risk assessments, incident management, reporting steps and the wider legal position under workplace health and safety legislation.

Where appropriate, we support clients in preparing for enforcement action, prosecution risk and related court proceedings. In Scotland, that advice must take account of both the HSE investigation itself and the role of the Crown Office in deciding whether proceedings should follow.

Why choose Anderson Strathern

Clients choose Anderson Strathern because we combine strong regulatory and dispute resolution experience with practical, commercially focused advice. We understand that an HSE Scotland investigation is not just a legal issue. It can affect business continuity, workforce confidence, reputation and relationships with regulators, insurers and stakeholders.

Our team is quick to respond when urgent advice is needed. We work closely with clients to understand the workplace incident, the relevant health and safety requirements and the wider business context, so that the response is legally sound, proportionate and commercially sensible.

How we can help

If your business is facing an HSE investigation in Scotland, or you need urgent advice after a workplace incident, HSE accident, inspection or enforcement action, our team can help. We advise clients from the earliest stages of an incident through to prosecution and court proceedings where required.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.