Advice in cases intersecting different areas of law

Incidents, calamities or occupational accidents

Incidents and calamities (e.g. fire, gas leaks and water contamination) can have major consequences for the health and safety of employees, for the environment and for business operations. Similarly, a serious industrial accident on a construction site or in a facility can have major consequences for the continuation of business activities. In these situations, it is important to understand one’s own legal position as early as possible, both internally and externally.

Cases intersecting different areas of law

We are active in cases where our clients — after the occurrence of an incident, a calamity or an industrial accident — have to deal with government regulators, various agencies and various companies and take steps to make the risks manageable and to prevent escalation. In this situation, we proactively advise on the administrative law aspects, the criminal law aspects and the civil liability aspects. Our three main areas of law intersect in these situations.

Integrated advice

This integrated advice is aimed at preventing risks and limiting the consequences of an incident, a calamity or an industrial accident. The issues addressed relate to compliance, regulation and risk prevention (including the performance of internal company investigations), the harmonization of incident procedures and dealing with (unexpected) visits from enforcement authorities (regulators and inspection services). The responsibility and liability of companies, directors, internal supervisors, de facto managers and clients is considerable. They may face criminal prosecution, administrative sanctions or damages claims.

Trusted advisor

We are a trusted sparring partner for a client in this situation. We assist them in their contacts with various governments and enforcement authorities, including the police, the tax department’s financial and economic crime investigation unit (FIOD), the Dutch Labor Inspectorate (NLA), the Netherlands Food and Consumer Product Safety Authority (NVWA), the Health and Youth Care Inspectorate (IGJ), the Human Environment and Transport Inspectorate (ILT) and the Financial Supervision Office (BFT).

Where necessary, we also initiate and defend in legal proceedings. Administrative enforcement can include the imposition of an administrative fine or the shutdown of the company as a serious danger to health and safety. Criminal enforcement may include criminal investigations (especially in an environmental criminal law context) and prosecution. Tort liability and claims for damages may follow an incident or disaster.