Tougher fines and prison sentences could soon await individuals
and organisations guilty of breaching workplace safety laws
according to legal experts at law firm Browne Jacobson.
The Health and Safety (Offences) Bill, which successfully passed
its second reading in the House of Lords this month, will give
magistrates the power to increase fines on businesses for health
and safety breaches from £5000 to £20,000 in respect of a greater
number of offences. In addition the courts will have the option to
imprison individuals for a much wider range of breaches than
presently exist.
The Bill, along with the recently enacted Corporate Manslaughter
and Corporate Homicide Act aims to put health and safety at the top
of the agenda for both public and private organisations.
Whilst not adding offences to the statute book it raises the
profile of existing offences for breaches of the Health and Safety
at Work Act 1974 and linked statutory provisions. This includes
breaches which deal with the careless acts or omissions of
employees and the actions of directors, managers, secretaries, and
other similar officers in corporate bodies.
Andrew Hopkin, Associate at Browne Jacobson and an expert in
health and safety law, said:
“We could see this Bill become law as early as the new year.
If it does businesses will really feel the pressure coming so soon
after the introduction of the Corporate Manslaughter and Corporate
Homicide Act. The proposed extension of the powers of imprisonment
for health and safety breaches reiterates the importance of a solid
health and safety culture at an individual as well as a corporate
level.
“Businesses should take the opportunity to review their
current health and safety procedures and systems. They should
ensure they have effective health and safety management systems in
place to help them identify and report any potential risks,
implement control measures and monitor such measures
effectively.”
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