Working Together in Health, Safety and the Environment

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 it’s just got serious!

Prove your commitment and compliance now!