CWU Issue Guidance On Health and Safety Offences Act 2008     

The CWU Health, Safety & Environment Dept has been campaigning for some time for harsher penalties for health and safety offences, and has responded in detail to a number of government and HSE Consultative Documents on this subject.  A Private Members Bill introduced by Labour MP Keith Hill (Streatham) entitled “The Health and Safety Offences Bill” had been given government support and has progressed through the House of Commons and sent to the House of Lords for final scrutiny.  The Act came into force on 16 January 2009.

Summary of the Act

This Act amends section 33 of the Health and Safety at Work etc Act 1974, to raise maximum penalties available to the courts in respect to certain health and safety offences.

Key Areas

• Raises the maximum fine, which maybe imposed by the lower courts

      ( Magistrates Courts) from £5000  to £20,000 for most offences.

• It makes prison sentence an option for most health and safety offences in lower and higher courts. 
• It makes certain offences that can currently only go to trial in lower courts trialable in either of the lower or higher courts.

The objective behind the changes is that the sentences for health and safety offences be sufficient to deter those tempted to break the law, and sufficient to deal appropriately with those who do commit offences.  LTB 328/08 also refers.
                       
The Chair of the Health and Safety Executive (HSE), Judith Hackitt said last week:  

" This Act gives lower courts the power to impose higher fines for some health and safety offences.  It is right that there should be a real deterrent to those businesses and individuals that do not take their health and safety responsibilities seriously. 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 retain the important safeguards that ensure that our inspectors use their powers sensibly and proportionately.  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". 

To view The Act itself, see our Health & Safety Legislation pages here

Source: CWU (LTB0401/09) / HSE Press Release

 

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