Profiles

H&S law changes welcomed by HSE

The Health and Safety Offences Act 2008 came into force on 16 January, increasing penalties and provide courts with greater sentencing powers for those who break health and safety law.

The Act fulfils a longstanding Government and HSE commitment to provide the courts with greater sentencing powers for health and safety crimes. The effect of the Act is to raise the maximum fine which may be imposed in the lower courts to £20,000 for most health and safety offences and make imprisonment an option for more health and safety offences in both the lower and higher courts.

It also makes certain offences, which hitherto were triable only in the lower courts, triable in either the lower or higher courts.

The new law was, unsurprisingly, welcomed by the chair of the Health and Safety Executive (HSE), Judith Hackitt. She said: “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.”

The professional institute for health and safety practitioners, the Institute of Occupational Safety and Health (IOSH) described the coming into force of the Act as “a momentous day for health and safety in the workplace”.

Ray Hurst, IOSH’s immediate past president, said: “We are passionate about preventing injury and ill health at work and hope that these new sanctions will act as a strong deterrent to the minority who need it. Rogue employers shouldn’t escape with meagre fines for serious health and safety offences that can needlessly destroy people’s lives – we strongly support the need for penalties that reflect the gravity of the failures involved.

“We believe this Act will allow the courts to send a strong message to employers that health and safety offences are treated just as seriously as other offences, such as those involving financial misconduct. Employers need to remember that health and safety offences aren’t just about rule-breaking; they can actually ruin people’s lives.
“The courts need tougher sentencing powers for serious health and safety failures and guidance on how to use them now. We need a system that is fit for purpose; one which is tougher, but fair, and will make the unscrupulous employer sit up and take notice. Over time this will benefit workers, business and society.”