Important 2012 health & safety considerations
by Bruce Howorth 05 Feb 2012
The past year has been a challenging one for many companies. With an inevitable emphasis on reducing costs, compliance with health and safety legislation and the expense associated with it has been and will remain a significant issue for all businesses; especially in the SME sector.
Bruce Howorth, Partner in Hay & Kilner's Health & Safety team commented: 'Employers cannot afford to be complacent or to neglect their responsibilities, however.' Statistics issued recently by the HSE show that in our region in 2010/11 there were 6 fatal accidents compared to 3 in 2009/10. The number of major accidents stood at 1,235, largely similar to the previous year, while the industries which accounted for the majority of fatalities were, once again, construction, agriculture and waste and recycling.
Last year also saw the first conviction of a company for corporate manslaughter when Cotswold Geotechnical Holdings were found guilty following the collapse of a trench in which a young geologist was working. The company was fined £385,000, a figure which the Court of Appeal accepted may force it into liquidation.
Our experience suggests that, despite having their funding reduced in line with all government departments, the HSE remain very active in prosecuting companies and, increasingly, individuals who contravene relevant regulations. Directors and managers must ensure they are aware of their own personal obligations to ensure there are appropriate health and safety arrangements in their businesses. Failing to do so could result in them receiving a criminal conviction, fine, disqualification from acting as a director and even a prison sentence.
One of the main areas for employers to act upon is risk assessment which should underpin all their decisions on health and safety issues. Many of the situations we are asked to advise on could have been avoided by proper risk assessment being carried out and acted upon. Although criticised by some employers and parts of the media thorough risk assessment does help to avoid the risk of death and injury to employees and the prospect of personal criminal liability for managers and directors.
What will this year bring? Hopefully a reduction in workplace deaths and injuries. In the short term, no let up in prosecutions by the enforcing bodies. We may also begin to see some details of the government’s plans to reduce the “burden” of regulation, although how far that ultimately will go remains to be seen, especially as we are obliged by European legislation to retain many of the rules which employers may wish to see repealed. Health and safety laws are here to stay in some form or another.
Please note: This article is not legal advice; it is intended to provide information of general interest about current legal issues. Please contact us to discuss how the contents of the article may affect you.