Mentor Training News » News in 2009 » Are you prepared?

Are you prepared?

Introduced on the 16th January 2009, the new Health and Safety Offences Act 2008 defines that the maximum fine that can be imposed in the lower courts for breaches of health and safety regulations has been increased from £5,000 to £20,000.

Heavier penalties for all

This new legislation will bring into effect heavier penalties for offences. Although the financial penalties in the upper courts remain unlimited the range of offences for which employees, directors, managers and officers can be imprisoned has been broadened, which will become an option in both the lower and higher courts.

Prior to this new legislation, very few health and safety offences resulted in imprisonment. Although many past offences could have resulted in imprisonment in reality a custodial sentence could only be imposed in a few very limited circumstances. However, with the new legislation an urban myth has now turned into reality.

For instance; larking around at work with a forklift truck and accidentally driving over a colleague’s leg resulting in a long term disability, would under the old legislation result in a fine – under the new rules a prison sentence is more likely.

Although the recent Corporate Manslaughter legislation received a lot of attention it did not make it any more likely that directors and senior managers would be sent to prison following a workplace death.

In contrast, under the new rules, individuals at any level in a company can be sent to prison if they take short-cuts with health and safety – even if no-one has actually died or been injured.

Health and Safety Policies

Now is the time to check your health and safety policies and practices in the light of the new legislation. These should ensure that there are appropriate and robust mechanisms in place to keep your work people healthy and safe at work, and to protect yourselves and your management from both civil and criminal prosecutions arising from health and safety breaches.

Companies should also check that they have adequate insurance cover for any related legal defence costs.

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