Health & Safety Update (July 2008)
Health and Safety (Offences) Bill will mean higher
penalties
The Health and Safety (Offences) Bill aims to raise the
maximum penalties available to the courts in respect of certain
health and safety offences by altering the penalty framework set
out in the Health and Safety at Work Act 1974. The objective is
that sentences for health and safety offences should be sufficient
to deter those who commit offences.
A third reading of the Bill won cross-party support from MPs in
the House of Commons. It is expected to be considered by the House
of Lords during July.
The effect of the Bill is to:
- raise the maximum fine which may be imposed in the lower courts
to £20,000 for most health and safety offences;
- Make prison an option for more health and safety offences in
both the lower and higher courts;
- Make certain offences, which currently can only be heard by the
lower courts, triable in either the lower or higher courts – with
increased penalties.
The power to impose a fine of up to £20,000 is already available
for some offences under the 1974 Act, such as breaches of the
general duties arising under sections 2 to 6. The Bill extends this
power to other comparable offences - for example, a breach of
regulations such as COSHH.
Currently, imprisonment is an option only in certain cases. The
Bill will make imprisonment available for most health and safety
offences.
Under the 1974 Act, it is an offence to contravene any
requirement imposed by an inspector such as to give information
relevant to an investigation or to leave premises undisturbed after
an incident. It is also an offence to prevent another person from
appearing before an inspector or from answering an inspector's
questions. Both offences are currently triable only in the lower
courts. The Bill makes them triable in the lower or higher
courts.
The aim of the higher fines and custodial sentences is quicker,
more efficient justice and to relieve some pressure on higher
courts.
The message is clear – health and safety offences are
being taken more and more seriously and it is more important than
ever that businesses have the correct procedures in place and stick
to them.
In the meantime, if you have any general Health &
Safety queries, please call the Mentor Health & Safety Law
Advice Line on 0800 634 7000 or speak to your Health
& Safety Consultant direct.