Health and Safety (Offences) Act

In June of last year, we mentioned in our newsletter that there was a private member’s bill progressing through parliament entitled
the Health and Safety (Offences) Bill 2008.

Although private members' bills are notorious for failing to make it onto the statute book, this one has succeeded where others have failed. It passed through parliament in October 2008 and came into force on the 16th January 2009. Consequently, any offences committed after the 16th January may be subject to much stiffer penalties.

The Act, which applies in England, Scotland and Wales, does not introduce any new health and safety offences but it makes substantial changes to the penalties that can be imposed on anyone found guilty of breaking health and safety law.

Whereas the Corporate Manslaughter Act only applies to fatalities and impacts organisations, this Act applies across the board of health and safety offences and concerns individuals - directors, managers and workers.

Maximum penalties have increased:

It used to be that summary cases (which roughly interpreted for purposes of this article means minor criminal offences, usually heard in the Magistrate’s court) carried a maximum penalty of £20,000 fine. The fine remains but in addition you could now receive a 12-month prison sentence.

It used to be the case that those on indictment (which roughly interpreted means more serious cases, usually heard in the Crown court with a jury) could receive an unlimited fine. In addition to a fine, you could now receive a 24-month prison sentence.

Some offences, which previously could only be tried in lower courts, can now be tried in either the lower courts or the higher courts. The practical implication of this change is that more cases could result in unlimited fines and lengthy custodial sentences.

A spokesman for the HSE stated,

"Our message to the many employers who do manage health and safety well is that they have nothing to fear from this change in law. We will retain the important safeguards that ensure that our inspectors use their powers sensibly and proportionately. We will continue to target those who cut corners, put lives at risk, and who gain commercial advantage over competitors by failing to comply with the law."

A similar sentiment was expressed by IOSH who believe the Act will be to the advantage of those employers who treat the health and safety of their employees seriously. By targeting firms that put lives at risk in order to gain competitive advantage, this Act should create a more level playing field.

You can view complete details of the Act on the government website at:

http://www.opsi.gov.uk/acts/acts2008/ukpga_20080020_en_1

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