Recommendation 90

Health and Safety Executive should obtain expert evidence

In order to determine whether a case is so serious, either in terms of the breach of safety requirements or the consequences for any victims, that the public interest requires individualsĀ  or organisations to be brought to account for their failings, the Health and Safety Executive should obtain expert advice, as is done in the field of healthcare litigation and fitness to practise proceedings.

The Health and Safety Executive has always sought expert advice. Such advice might come from its own specialist inspectors or subject matter experts, from staff within the Health and Safety Laboratory, from other regulators such as the Medicines and Healthcare products Regulatory Agency, from the Department of Health, from external associations such as the National Back Exchange, from independent medical practitioners who are experts in their field or others.

The Care Quality Commission will also seek appropriate specialist advice in investigating potential breaches of the new fundamental standards.

No further update is required. Please see response to the recommendation in Hard Truths