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H&S OFFENCES ACT IN 2009: FINES TO £20K AND IMPRISONMENT FOR BREACHES
New Health & Safety (Offences) Act Will
Allow Courts to Flex Their Muscles in 2009
The perception that offences under Health &
Safety legislation only lead to a slap on the wrist has resulted in
strong action by the Government. The response has been to produce the
Health & Safety (Offences) Act, 2008, which comes into effect today
(16 January 2009).
Changes were first proposed following a joint review of the current
maximum penalties for health and safety offences, which was carried
out between February and September 1999 by the Home Office, the then
Department of the Environment, Transport and the Regions, and the Health
and Safety Executive.
The objective behind the changes is that sentences for health and safety
offences be sufficient to deter those tempted to break the law, and
sufficient to deal appropriately with those who do commit offences,
in accordance with the Hampton and Macrory Reports.
The purpose of the Act is 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 section 33 of the Health and Safety
at Work Act 1974 and its equivalent in Northern Ireland.
If You Don't Comply...
The effect of the Act is to raise the maximum
fine which may be imposed in the lower courts to £20,000 for most Health
& Safety offences and it will make imprisonment an option in both the
lower and higher courts.
The power to impose a fine of up to £20,000 is already available in
respect of some offences under the 1974 Act, such as breaches of the
general duties arising under sections 2 to 6. The Act extends this power
to other offences that are considered to be comparable (for example,
a breach of regulations made under the 1974 Act).
Until today, imprisonment was an option only in limited cases. The new
Act makes imprisonment available for most Health & Safety offences e.g.
where repeated breaches take place or where false information has been
wilfully supplied. It is also an offence to prevent another person from
appearing before an inspector or from answering an inspector’s questions.
What Action Should You Consider?
Directors and senior managers have to show
leadership in Health & Safety, and they must be...
- prepared to fully resource the work to identify risks and to reduce the impact they could have
- confident that they meet all their statutory duties
- able to prove that work done on health and safety is being carried out by competent advisors
- sure that all risks are fully assessed and record the findings of such risk assessment work
- confident that all procedures and documentation are regularly reviewed, and where change in risk is identified, everyone who can be affected by it is made fully aware.
- auditing their Health & Safety management systems periodically, and recording the results of such audits.
Safer with Ark
Top brand clients work with Ark Workplace Risk
to optimise their control and management of risk.
To explore how you can optimise your Health & Safety and
risk management systems, just use the form below or call Jody Horne
on +44 (0) 20 7397 1450.
