Health and Safety Update (November 2008)
Tougher Penalties for Health and Safety Law Breakers
The Health and Safety Offences Act 2008 will increase penalties
and provide courts with greater sentencing powers for those who
flout health and safety legislation.
The Act raises the maximum penalties that can be imposed for
breaching health and safety regulations in the lower courts from
£5,000 to £20,000 and the range of offences for which an individual
can be imprisoned has also been broadened.
The Act amends Section 33 of the Health and Safety at Work etc
Act 1974, and will come into force in January 2009.
The level of fines for some health and safety offences is
generally seen as too low. These changes will ensure that sentences
can now be more easily set at a level to deter companies that do
not take their health and safety management responsibilities
seriously and further encourage employers and others to comply with
the law.
It should also enable more cases to be resolved in the lower
courts and justice should then be faster, less costly and more
efficient. The options of the higher fines and custodial sentences
are thought to be an active deterrent as mentioned above.
A summary of current and new penalties under the Act is set out
below:
Currently:
- Magistrates' Courts (or Sheriff's Courts in Scotland) may
impose fines, on summary conviction of up to £20,000 for breaches
of the 'General Duties' being sections 2 to 6 of the Health and
Safety at Work etc. Act 1974, and £5,000 for breaches under any of
the other statutory provisions;
- Offences tried on indictment (Solemn Procedure in Scotland) may
attract unlimited fines;
- Contravention of an Improvement notice or Prohibition Notice,
or of a remedy order made by the court, may lead, on summary
conviction to a maximum £20000 fine and / or 6 months
imprisonment.
From January 2009:
- £20k fines in lower courts for nearly all summary offences,
unlimited fines in higher courts;
- imprisonment for nearly all offences - up to 12 months in
Magistrates Courts and 2 years in the Crown Court.
There are strict guidelines which are observed by the regulators
in their approach to the prosecution of health and safety offences.
The HSE Enforcement Policy Statement makes it clear that
prosecutions should be in the public interest and where one or more
of a list of circumstances apply. These include where:
- death was a result of a breach of the legislation;
- there has been reckless disregard of health and safety
requirements;
- there have been repeated breaches which give rise to
significant risk, or persistent and significant poor
compliance;
- false information has been supplied willfully, or there has
been intent to deceive in relation to a matter which gives rise to
significant risk.
Ensure that you are compliant with health and safety legislation
– use your audit, management system and the expertise of your
dedicated Consultant and those on our 24/7 Telephone Advice Service
as far as possible- safeguard yourself, your employees and your
business.