News and Press
New penalties for Health and Safety breaches

Six months after the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007, the more controversial Health and Safety (Offences) Act 2008 almost crept into force unnoticed on 16 January 2009. 

The 2008 Act increases the penalties and provides courts with greater sentencing powers for those who break health and safety law. Offences which previously only attracted fines of up to £5,000 in the Magistrates' Courts, are now punishable by fines of up to £20,000. More controversially, the 2008 Act introduces the option of a prison sentence for most health and safety offences.

Of particular concern to directors is the prospect of a custodial sentence for allowing the company to commit health and safety offences as a result of their consent, connivance or neglect under section 37 of the Health and Safety at Work etc. Act 1974. If convicted, directors face imprisonment of up to two years in the Crown Court and one year in the Magistrates' Court.

The 2008 Act may also be brought into play with the Corporate Manslaughter and Corporate Homicide Act 2007. Whilst directors cannot be held personally liable under the 2007 Act, any investigation will focus heavily upon a manager's behaviour, which may result in prosecution for any health and safety offences they have allowed the company to commit.

Kerry Gwyther, head of corporate defence at TLT comments, "Businesses under pressure to reduce costs in difficult economic conditions, may be tempted to focus on areas other than health and safety. This may prove to be a costly mistake as the 2008 Act sends out a clear message that breaches of health and offences will be dealt with more severely than in the past.

"Businesses that already implement proper systems of health and safety regulation do not need to worry about additional compliance requiremnts since the new Act does not introduce any new obligations, but all businesses now need to be aware of the increased penalties for failure to prevent avoidable incidents."