News
Health & Safety Update (February 2009)
Health and Safety (Offences) Act 2008 – Now in Force
The Health and Safety (Offences) Act 2008 received Royal Assent
last year. It came into force on 16 January 2009. Whilst increasing
penalties, the Act does not impose any new obligations by way of
new offences. The principal duties of employers will remain as
before under the Health and Safety at Work etc Act 1974.
The new Act makes three main changes. It:
- raises the maximum financial penalties available to the
courts;
- making prison an option as punishment for a wider range of
health and safety offences
- makes certain offences that would have been tried in a lower
court, eligible for trial in a higher court (meaning that more
offences will be open to larger or unlimited fines and
imprisonment).
In the past courts have had less powers, they were able to:
- impose fines up to £20,000 for a limited
number of breaches of the Health and Safety at Work Act 1974
(HSWA);
- impose fines no higher than £5,000 for a
breach of Regulations.
Until now the courts only imposed prison sentences on limited
cases, for example where an improvement or prohibition notice was
breached.
The new Act will enable the courts to:
- increase the maximum fine for most summary cases to
£20,000;
- Impose prison sentences in both higher and lower courts.
Individual liability and imprisonment is significant within
these changes and it is important to note:
- section 7 of the HSWA – under which an individual can be
prosecuted if they have not taken reasonable care for the health
and safety of themselves or other persons affected by their acts or
omissions;
- section 37 of the HSWA – under which direct action can be taken
against directors, managers and officers if a failure is attributed
to their 'neglect, consent or connivance';
- under the new Act punishment can take the form of imprisonment
for up to two years.
Because of these changes, companies (in particular, directors)
should carry out a document review to ensure compliance with health
and safety legislation, in particular within their policies,
procedures and practices.
You should make use of your RBS Mentor Services Management
System which includes all of the policies and procedures you need
relevant to your Company activities.