article
Health & safety laws get tougher
12 November 2007
As the Government plans to introduce tougher health and safety laws
Andrew Hopkin of law firm Browne Jacobson explains how businesses
can make sure they stay on the right side of the law.
Proposed tougher penalties for breaches of
health and safety legislation set to become law next year could see
employees and business owners facing imprisonment. On 16 October
2008 the Health and Safety (Offences) Act 2008 received Royal
Assent and the new law will be introduced in January next year.
The new legislation introduces a power of
imprisonment for a wider range of health and safety offences in
both the lower and the higher courts. The legislation also imposes
greater financial penalties, with the maximum fine available in the
magistrates’ courts increasing from £5,000 to £20,000 for most
health and safety breaches.
One of the most important impacts of the
legislation is that a power of imprisonment will now be available
for breaches of sections 7 and 37 of the Health and Safety at Work
Act 1974. Section 7 requires all employees to take reasonable care
for themselves and others in the way they conduct their work,
whilst section 37 addresses the actions of directors, managers,
secretaries and other similar officers of corporate bodies.
The recent case involving Chargot Ltd
highlights the risks faced by individuals. This case involved an
employee who was fatally injured following an incident with a
dumper truck. Charges were brought by the Health and Safety
Executive against the two companies involved in the project and a
director of the group. All three defendants were convicted and
heavily fined, with the director, convicted under section 37,
personally fined £75,000 and ordered to pay £103,500 costs. Whilst
this matter has been appealed to the House of Lords, had this
offence taken place under the new legislation, the director would
have been at risk of imprisonment.
The new legislation is driven by a desire to
make sentences for health and safety offences sufficient to deter
those tempted to break the law. Despite some business organisations
raising concerns about the Act’s implications, the Government
considers the changes both “reasonable and proportionate”.
Whilst the new legislation does not change or
add to the existing health and safety requirements, with the threat
of tougher penalties, SMEs are encouraged to review their current
health and safety procedures and systems. A good knowledge of
health and safety legislation and guidance which applies to
operations conducted by the organisation is essential, and systems
should be in place to include the following:
- Procedures to identify risks and processes in place to manage
them
- Reporting procedures on matters relating to health and
safety
- Systems for ensuring recommendations from serious untoward
incidents are implemented
- Systems for recruitment of competent staff, ongoing training
and supervision
The new legislation follows hot on the heels
of the Corporate Manslaughter and Corporate Homicide Act 2007.
Whilst it remains to be seen how many breaches will result in
custodial sentences, the extension of the power of imprisonment
highlights the need for SMEs to treat health and safety as an
important part of their business.
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