Health and Safety (Offences) Bill will mean higher penalties

The Health and Safety (Offences) Bill aims to raise the maximum penalties available to the courts in respect of certain health and safety offences by altering the penalty framework set out in the Health and Safety at Work Act 1974.  The objective is that sentences for health and safety offences should be sufficient to deter those who commit offences.

A third reading of the Bill won cross-party support from MPs in the House of Commons. It is expected to be considered by the House of Lords during July.

The effect of the Bill is to:

• raise the maximum fine which may be imposed in the lower courts to £20,000 for most health and safety offences;
• Make prison an option for more health and safety offences in both the lower and higher courts;
• Make certain offences, which currently can only be heard by the lower courts, triable in either the lower or higher courts - with increased penalties.

The power to impose a fine of up to £20,000 is already available for some offences under the 1974 Act, such as breaches of the general duties arising under sections 2 to 6. The Bill extends this power to other comparable offences - for example, a breach of regulations such as COSHH.

Currently, imprisonment is an option only in certain cases. The Bill will make imprisonment available for most health and safety offences.

Under the 1974 Act, it is an offence to contravene any requirement imposed by an inspector such as to give information relevant to an investigation or to leave premises undisturbed after an incident. It is also an offence to prevent another person from appearing before an inspector or from answering an inspector's questions. Both offences are currently triable only in the lower courts. The Bill makes them triable in the lower or higher courts.

The aim of the higher fines and custodial sentences is quicker, more efficient justice and to relieve some pressure on higher courts.

The message is clear - health and safety offences are being taken more and more seriously and it is more important than ever that businesses have the correct procedures in place and stick to them.

In the meantime, if you have any general Health & Safety queries, please call the Mentor Health & Safety Law Advice Line on 0870 572 3389 or speak to your Health & Safety Consultant direct.  Maximum call charge from a BT landline is 6p plus up to 6p per minute.  Business rates and calls from other networks may vary.