Tougher Penalties for Health and Safety Law Breakers
The Health and Safety Offences Act 2008 came into force on 16th January 2009 and resulted in increased penalties and greater
sentencing powers for courts when dealing with those who flout health and safety legislation.
The Act raises the maximum penalties which 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.
Reasons
It has been generally accepted for some considerable time that the level of fines for some health and safety offences is too low.
These changes will ensure that sentences can now be more easily set at a level to deter businesses which do not take their health and
safety management responsibilities seriously and further encourage employers and others to comply with the law.
Furthermore, by extending the £20,000 maximum fine to the lower courts and making imprisonment an option, 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 current and new penalties under the Act is set out below:
Previous maximum penalties
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£5k or £20k for summary offence in lower courts, depending on offence; unlimited fine for indictable offence
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Imprisonment not available for most offences (but up to 6 months in Magistrates Court / 2 years in Crown Court for a few offences
eg failing to comply with a prohibition notice or breaching a licensing requirement).
New maximum penalties
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£20k fines in lower courts for nearly all summary offences, unlimited fines in higher courts
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Imprisonment for nearly all offences - up to 12 months in Magistrates Courts and 2 years in the Crown Court.
Enforcement policy
It should be pointed out that 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:
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Where a work related death was a result of a breach of the legislation
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When there has been reckless disregard of health and safety requirements
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When there have been repeated breaches which give rise to significant risk, or persistent and significant poor compliance
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Where false information has been supplied willfully, or there has been intent to deceive in relation to a matter which gives rise to significant risk.
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