Employers Face Bigger Penalties If Health And Safety Bill Becomes Law

Employers Face Bigger Penalties If Health And Safety Bill
Becomes Law

Employers could face the double threat of jail sentences and bigger fines for relatively minor health and safety offences under new legislation. The Health and Safety (Offences) Bill, introduced by Labour MP Keith Hill, is progressing through Parliament and has a good chance of becoming law as it has government support and received cross-party support at its second reading stage.

CWU National Health and Safety Officer Dave Joyce said "We've been campaigning for harsher penalties for health and safety offences since the current Labour Government came to power and we certainly support the Bill which would raise the ceiling on fines in magistrates courts from £5,000 to £20,000 for breaching safety rules such as the failure to conduct a risk assessment and the inspection of work equipment plus for the first time it would make imprisonment a possible sentence for this sort of offence. Judges themselves have been calling for tougher penalties in Health and Safety Cases."

In 2006-07, the number of offences prosecuted by the Health and Safety Executive increased to 1,141, up from 1,056 the previous year. The number of convictions rose marginally to 848.
If successful the Bill would bolster the message sent by the new corporate manslaughter legislation which came into force on 6 April, that employer health and safety failures are going to be treated far more seriously than in the past. Under this new law Courts are be able to impose substantial fines of up to 10% of annual turnover and order guilty organisations to publicise their convictions. They will also be able to impose remedial orders which can suspend or disqualify all or part of the board.  Compare that with the results of a recent report by Centre for Corporate Accountability (CCA) which found that in the past fines imposed on large companies convicted of health and safety offences were only 1% of their gross profits, or less than a 700th of their annual turnover.

Dave added "The new Corporate Manslaughter and Homicide Act marks a new dawn for corporate accountability in the UK, and should serve as a powerful deterrent to organisations that disregard health and safety and boost workplace standards.  Last year, 250 workers were killed in Britain, plus there was 1,000 work-related road traffic deaths but in the past there's only ever been a handful of convictions under the old corporate manslaughter laws. Hopefully that's now set to change and if this new Health and Safety (Offences) Bill were to become Law then the two pieces of legislation combined would produce a step change in enforcement."

The government is to also to look again at the introduction of new legally binding health and safety duties on company directors and senior managers and a HSE steering group is being set up to evaluate current measures. The CWU along with other major Unions and the TUC support the view that the Corporate Manslaughter Legislation should be extended to allow bosses whose negligence leads to the death of their workers to be sent to prison.

Source: CWU Press release