MacRoberts Health & Safety e-update 16/01/09

NEW HEALTH AND SAFETY LAW COMES INTO FORCE TODAY

New legislation comes into force today which significantly changes the sentencing framework for health and safety breaches. The effect of the Health and Safety (Offences) Act 2008 is to:

• raise the maximum fine which may be imposed in lower courts from £5,000 to £20,000
  for breach of most health and safety offences;
• make imprisonment an option for more health and safety offences in both lower and
  higher courts; and
• make certain offences which are currently triable only in the lower courts,
  triable in higher or lower courts.

Jail sentences of up to 6 months will now be possible for nearly all types of health and safety offence, with the possibility of extending this to 12 months in the future.

The changes introduced by the Health and Safety (Offences) Act 2008 apply to the whole of the United Kingdom. They have been a long time coming - it was acknowledged by the Court of Appeal as long ago as 1999 that the existing sanctions were too low, and the Bill was first introduced to parliament in 2003. The new limits should be a greater deterrent for businesses that do not take their health and safety obligations seriously, and further encourage employers and others to comply with the law. The Act will also allow more cases to be prosecuted in the lower courts, which is often a faster and cheaper way to dispose of claims.

While there are no changes to the legal duties of businesses and employers, the increased prospect of jail sentence or a hefty fine means that they can no longer afford to ignore their obligations under health and safety law.

For more information please contact Craig Turnbull on 0141 332 9988

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