News Article

Health and Safety Offences Act Now in Force


Posted by Carl Gryniewicz | Date Posted 16.01.2009 | Time Posted 08:35:13 | Views: 376
New health and safety legislation which increases the power of the courts to hand down larger fines and prison sentences comes into effect today.

The Health and Safety (Offences) Act 2008 received Royal Assent in October and will increase fines for most existing health and safety offences from £5,000 to £20,000 in the magistrates court, although they remain unlimited in the crown court.

It also increases the number of offences which can result in a custodial sentence.
The British Safety Council has welcomed the Act, hoping it will help to strengthen awareness of the need to maintain vigorous risk controls and safety management systems – especially in the current economic climate.

The British Safety Council’s chief executive Brian Nimick stated: "With the new risk of higher fines and possible imprisonment for health and safety offences, this law should act as a deterrent and increase awareness of the need to adequately train and protect workers.

"Risks including accidents, illness and even deaths among the workforce could cost far more in the long term than the short term savings gained from cutting back on training."

But legal experts have raised concerns over some elements of the Act, particularly the change in powers for prison sentences.

Eversheds regulatory partner David Young said: "The reassurance given by the MP proposing the Act is that a custodial sentence will be imposed only in the most serious 'public outrage' cases. These will include cases of serious neglect, reckless disregard for health and safety requirements, repeated breaches which create significant risks, false information, and serious risks which have been deliberately created to increase profit.

"However, there is no clear guidance as to which individuals will be particularly at risk of imprisonment by virtue of their positions within companies. Armed with the threat of prison sentences, we can expect more in depth Health and Safety Executive and police investigations leading to more intrusion into individual employees' lives."

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Published in sections: Health and Safety ::

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