Health and safety set to get stricter

Oct 28 2008 by Anna Hart for The Journal

IT IS likely health and safety enforcement within the UK will become even tougher. The Health & Safety (Offences) Bill is expected to be introduced as law early next year.

If the Bill is enacted, it will provide greater sentencing powers to magistrates courts by allowing a maximum financial penalty of £20,000 and up to 12 months imprisonment for most of those health and safety offences dealt with exclusively by the magistrates. The magistrates will still be able to refer more serious health and safety offenders to the crown court where unlimited financial penalties and longer prison sentences may be imposed.

As well as prosecuting an organisation, regulators also have power to take more immediate action if it is believed there is an ongoing or imminent risk of serious harm. An Improvement Notice can be served, requiring an employer to remedy a particular fault or initiate a programme of improvement works within a specified time. A Prohibition Notice can be served on an employer if the Health and Safety Executive (or local authority, where appropriate) considers there is a more serious risk of harm arising from a particular activity or working method which must be stopped to prevent the risk of further harm occurring.

Being served with a notice is not in itself a criminal offence but failing to comply with the notice is and carries a maximum penalty of an unlimited fine and two years’ imprisonment. The fact that the organisation has been served with a notice will also be recorded on a publicly accessible register.

This means that it is imperative that businesses are clear on exactly what is required by the notice and by when, at the time that it is served. It is important to remember that implementing specified changes could have commercial implications for your business and may affect the viability of existing arrangements with customers.

If your business is served with an Improvement or Prohibition Notice, it is critical that you consider all of the implications and not just whether or not the organisation is able to comply with the strict requirements of the notice.

Anna hart is a solicitor in the environment and safety department at Dickinson Dees LLP