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.