22 December 2008
Increased penalties for breaches of Health and Safety Regulations
It has been generally accepted for some considerable time that the level of fines for some health and safety offences is too low. The Health and Safety Offences Act 2008 sets out to redress the balance and to encourage businesses that do not take their responsibilities seriously to comply with their obligations under the law.
The Act 2008, which covers Great Britain and Northern Ireland, received Royal Assent on 16 October 2008 and comes into force in January 2009. It raises the maximum penalties that can be imposed for breaching health and safety regulations in Magistrates courts from £5,000 to £20,000 and extended the range of offences for which an individual can be imprisoned.
It is expected that as a result of these changes more cases will be resolved in the lower courts and justice will be faster, less costly and more efficient.
Jail sentences for particularly blameworthy health and safety offences committed by individuals, can now be imposed reflecting the severity of such crimes, whereas there were more limited options in the past.
The Act amends Section 33 of the Health and Safety at Work etc Act 1974, raising the maximum penalties available to the courts in respect of certain health and safety offences. A summary of the new penalties is set out below:
New maximum Penalties
§ £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:
§ Where a work related death was a result of a breach of the legislation
§ When there has been reckless disregard of health and safety requirements
§ When there have been repeated breaches which give rise to significant risk, or persistent and significant poor compliance
§ Where false information has been supplied wilfully, or there has been intent to deceive in relation to a matter which gives rise to significant risk.
The BPIF has a number of services which can assist companies to comply with legislation including:
Health and Safety Management Scheme
Training for Managers and Supervisors
Risk Assessment Training
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