Stiffer Penalties for Health and Safety Law Breakers

The Health and Safety (Offences) Act came into force in the UK on Friday, 16 January 2009 after a long-standing Government and Health and Safety Executive (HSE) commitment to provide the courts with greater sentencing powers for health and safety crimes.

The aim of the Act is to work as a deterrent to businesses and individuals who do not take their health and safety responsibilities seriously.   It increases the possible penalties of not complying with health and safety legislation by:

• raising the maximum fine which may be imposed in the lower courts to £20,000 for most health and safety offences
• making imprisonment an option for more health and safety offences in both the lower and higher courts
• making certain offences, which are currently triable only in the lower courts, triable in either the lower or higher courts.

In response to the new Act, Judith Hackett (Chair of the HSE) said “Everyone has the right to work in an environment where risks to their health and safety are properly managed, and employers have a duty in law to deliver this.  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.  There are no new duties on employers or businesses, and HSE is not changing its approach to how it enforces health and safety law.  We will continue to target those who knowingly cut corners, put lives at risk and who gain commercial advantage over competitors by failing to comply with the law".

System Concepts supports the introduction of the Act.  Sally Wearing, Health and Safety Director, commented “Good health and safety management is about strong leadership right from the top of the organisation, making sure that health and safety is considered in all business decisions.  The Act has come at a good time, as the current tough economic climate could tempt businesses to cut corners on health and safety.”

System Concepts offers management briefings, legal updates and training to help raise awareness of health and safety responsibilities within your organisation.  If you would like more information on what senior management can do to improve health and safety please contact liz@system-concepts.com