News

Businesses that break health and safety rules face substantially tougher penalties, following the recently introduced Health and Safety Offences Act 2008.

Hay & Kilner Solicitors' health & safety specialist, Bruce Howorth, commented:
"Some of the changes are very significant. For example, the maximum penalty that a lower court, such as a Magistrates Court, can impose has increased from £5,000 to £20,000 for each offence. The Act does not introduce any new offences, but it is now possible for the Courts to impose a prison sentence on individuals found guilty of a Health & Safety offence committed after 16th January 2009. In addition, it extends the number of offences for which an individual can be imprisoned, so it's vital that anyone with health and safety responsibilities fully understands the changes."

The Health and Safety Executive claim there is no need for any responsible business to be overly concerned. In welcoming the new legislation, Health and Safety Executive Chairman Judith Hackett said: "Good employers and good managers have nothing to fear. In fact, they have much to gain. Our enforcement policy targets those who cut corners, gain commercial advantage over competitors by failing to comply with health and safety law and who put workers and the public at risk."

This is a good time for businesses to review the requirements of health and safety legislation, and to ensure that they are complying with all its demands.

Bruce Howorth from Hay & Kilner commented:
"The extent to which the Courts will use these powers is yet to be seen, but they will certainly be encouraged, in appropriate cases, to impose prison sentences."