Responding to a safety incident – the offences behind the investigations

By Charlotte Whitaker

30 Jul 2026 5 min read

Welcome back to our Corporate Crime & Investigations team’s 2026 monthly series: “Responding to a safety incident – and beyond.”

In our previous articles we looked at who might be investigating you in the aftermath of a serious health and safety incident, and what powers they may have. This month we are considering what offences you might be investigated for.

We summarise the key offences for both corporate and individuals in the tables below.

Key takeaways are:

Both organisations and individuals can be prosecuted for health and safety offences and manslaughter (in the event of a death).
You may be investigated concurrently by multiple investigating agencies – they are not mutually exclusive.
At their most severe, penalties may range from unlimited fines (for companies) to custodial sentences (for individuals).

Health and safety

The relevant Health and Safety Regulator (for example, HSE, ORR or ONR) can take enforcement action against an employer and/or individuals for breaches of the Health and Safety at Work etc Act 1974 (“HSWA”) or any other relevant health and safety regulations.

The key offences of HSWA are:

	Against organisations			Against individuals
Provision	Section 2	Section 3	Section 4	Section 7	Section 37
Offence	Failure to ensure so far as is reasonably practicable the health and safety of employees.	Failure to conduct undertaking in such a way as to ensure, so far as is reasonably practicable, that persons other than those who are employed are not exposed to risks to their health and safety	Failure to ensure so far as is reasonably practicable that users of the non-domestic premises, which the organisation has control of, can use and access the premises safely and without risks to their health.	Where an employee fails to take reasonable care for his own health and safety and/or that of others.	Where an organisation’s offence has been committed with the consent or connivance or is attributable to the neglect of any director, manager, secretary or other similar officer based on what they should have known (not just actual knowledge).
Penalty	If convicted, fines could be in the millions. A Judge must follow Sentencing Guidelines but has a discretion to move up and down (or outside) the suggested ranges.			If convicted, a Judge may order a fine and/or up to two years imprisonment.

Corporate manslaughter

Where a fatality has occurred, it is likely the Police would have “primacy” of the investigation but may work in parallel with other investigators such as the relevant Health and Safety Regulator (who may also be investigating in relation to other health and safety offences).

The Police are responsible for investigation of:

	Against organisations	Against individuals
Provision	Corporate Manslaughter under The Corporate Manslaughter and Corporate Homicide Act 2007	Gross Negligence Manslaughter under Common Law
Offence	Where a corporation causes a death through a gross breach of its duty of care, and the way its senior management (those who play a significant role in running the business) managed or organised its activities was a substantial part of that breach. Individuals cannot be prosecuted for this offence. However, the offence allows for a collective senior management failing – this could be a specific decision, an absence of governance or a general acceptance of a poor safety culture.	Where an individual grossly breaches a duty of care owed to another (by act or omission) and that breach is a significant cause of the death. The breach of duty has to be so negligent it is considered criminal. Very serious mistakes or serious errors of judgement are not by themselves enough.
Penalty	Penalties include unlimited fines, remedial orders (for the company to take steps to remedy management failures) and publicity orders (requiring company to publicise the conviction, fine and details of remedial order).	If convicted of gross negligence manslaughter, a Judge may order a custodial sentence.

At Burges Salmon, we frequently provide training and advice to corporate clients on their key legal duties and their practical implications. For more information or to discuss anything in this article, please contact Charlotte Whitaker, Ben Davies or Marie-Elizabeth Bailey in Burges Salmon’s Corporate Crime & Investigations team or sign up to our mailing list our Health and Safety mailing list by clicking the link below.

From Incident to Investigation: Protecting Your Insurance Position

Once an investigation begins after a health and safety incident, insurance becomes a live and strategic issue. Discover why businesses that engage with it early, carefully, and in coordination with their wider response are better placed to protect individuals.