Overview

Health and safety management is a critical issue for almost any form of business. Any industrial accident on its premises or site which leads to a Health & Safety Executive (HSE) or similar investigation is likely to have a major impact on business continuity and may have serious implications for directors and senior managers. Mayer Brown's Health & Safety group advises clients on the legal implications of HSE and/or police or other agency investigations and any subsequent prosecution, as well as related civil damages claims.

We advise on the information and documents to be provided to the investigating agency as well as offering practical guidance on how to minimize disruption to the client's ongoing business and dealing with media interest and other public and staff relations issues which often arise, including in conjunction with clients' internal or external media relations specialists.

We also advise on upstream health and safety issues, including H&S policies, operational compliance issues and we negotiate industrial injury and exposure warranties and indemnities in business transactions. The team has established relationships with consultants, scientific and technical experts and others, enabling it to provide comprehensive support to meet the specific requirements of our clients.

The Health & Safety practice is comprised of lawyers from the Litigation & Dispute Resolution practice, the Insurance & Reinsurance practice and the Environment practice.

Experience

Our recent Health & Safety Group experience includes:

  • Advising on the legal aspects of major industrial accidents, including assistance with related HSE/police investigations and defending prosecutions.
  • Attendance at Coroner's Inquests following workplace and other deaths.
  • Defending and resolving fatal accident and personal injury (including psychiatric injury) claims for damages, following major incidents.
  • Acting for manufacturing or other clients in respect of issues arising out of the presence or management of asbestos and other hazardous substances at their premises.
  • Advising on compliance systems (including H&S policies) and strategic planning for new regulations.
  • Carrying out H&S due diligence in business transactions, including negotiating industrial injuries and exposure warranties and indemnities and asbestos warranties and indemnities.
  • Advising on directors' responsibilities for H&S matters.
  • H&S aspects of development projects and the management of real estate portfolios.

Clients
Our client base is broad and includes acting for a variety of manufacturing and other companies and/or their insurers, in particular in the construction and engineering sectors.