
First it was Corporate
Manslaughter
Now What?
Back in 1974, the Health and Safety at
Work Act was cautious with regards to criminilising
offenders and as a result custodial sentences were only
available to the courts for the most serious offence of
thedisregard of enforcement notices, orders and licenses.
Nearly 35 years on things have changed; knowledge, opinions,
expectations, public and government concern have contributed
to a reform in criminal penalties for Health and Safety
Offences.
In early 2008, the Ministry of Justice
issued guidelines to Judges with regards to the penalties
available for Corporate Manslaughter and offences under the
Health and Safety at Work Act resulting from a death at
work. These only relate to organisations but fines can
amount to a staggering 10% of turnover!
In June 2000 Deputy Prime Minister,
John Prescott, launched the strategy - Revitalising Health
and Safety. In his speech Prescott issued the veiled threat
that, for offenders ... in future that could well mean
prison. This was directly aimed at individuals but
would require a change in the law in order to jail
employees.
A private members Bill by Labour MP
Keith Hill gained royal assent on 16th October 2008, which
will come into force in January 2009. The Health and Safety
(Offences) Act 2008 amends the Health and Safety at Work Act
making available to Judges and, more importantly
Magistrates, greater penalties to deal with offenders of
health and safety law, whether or not resulting in death or
injury.
The £5000 maximum fine for
breaches of Health and Safety Regulations will be raised to
£20,000 per breach. Additionally, as threatened by
Prescott, Magistrates and Judges will be able to jail
individual guilty employees, managers and directors for most
offences under the Health and Safety at Work Act and
associated Regulations.
Let Messam & Rider Ltd, inform
your managers and others in the details and implications of
these new penalties which is guaranteed to provoke interest,
discussion and action.
Messam & Rider Ltd can also
carry out audits of your systems and performance in order to
gauge your legal compliance against OHSAS 18001 and national
standards.
Previously the poor relation,
health and safety has come of age and its just got
serious!
Prove your commitment and
compliance now!
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