Heavy Fines And Imprisonment For Breaking New Health And Safety Laws
Going to prison or a fine of over £20,000 is more likely after the new Health and Safety Offences Act comes into force on 16 January 2009.
Nigel Lyons, health and safety specialist, at South West law firm Foot Anstey warns businesses that “Previously courts were reluctant to impose a custodial sentence but the Government is determined that breaking health and safety rules should be a criminal offence.”
The new Act increases the maximum prison sentence from six to twelve months and the maximum fine for each breach goes from £5,000 to £20,000.
In 2007-2008 the average fine per conviction in health and safety offences was just £12,896, when each breach had a maximum of £5000, but in the future this figure is sure to rise dramatically.
The Act also allows the courts to impose both a fine and a jail sentence, rather than one or the other.
Nigel Lyons added “Combining this new Act with the recent Corporate Manslaughter and Corporate Homicide Act and the increasing involvement of police investigating fatal accidents means the prosecutions of individuals is sure to rise. The stakes for getting this area of law wrong have certainly dramatically increased.
“Previously courts were reluctant to impose custodial sentences for health and safety breaches but in 2007 the Court of Appeal ruled a director could be guilty of an offence even if they did not know about the unsafe practices of their company. In those circumstances the Court might now feel imprisonment was the correct sentence.
“In addition, the Institute of Directors’ Guide ‘Leading Health and Safety at Work’ (October 2007) gives guidelines on what is expected of directors and senior managers. Now there is a published guide against which directors’ actions and omissions can be measured, prosecution could, again, become more likely.
“Given the higher penalties there are a number of steps individuals and businesses should bear in mind.
“Individuals should seek legal advice before providing a statement to a health and safety inspector.
“Companies should consult a lawyer before conducting an internal investigation to minimise the risk of the health and safety inspector seizing the investigation documents at a later date. We also expect the courts to ask increasingly for agreed written and detailed basis of pleas, before they sentence.”
Published 09/01/2009
