Tougher sentences for H&S offenders

16 January 2009

New health and safety legislation coming into effect today empowers the courts to hand out tougher sentences to organisations which fail to comply with regulations.

The Health and Safety Offences Act, which comes into force on Friday 16 January, increases the maximum fine imposable by lower courts from £5,000 to £20,000, broadens the range of offences for which custodial sentences can be handed down and permits the trying of a larger number of offences in higher courts.

Judith Hackitt, chair of the HSE, welcomed the harder-line approach: "It is right that there should be a real deterrent to those businesses and individuals that do not take their health and safety responsibilities seriously. Everyone has the right to work in an environment where risks to their health and safety are properly managed, and employers have a duty in law to deliver this.

"Our message to the many employers who do manage health and safety well is that they have nothing to fear from this change in law.  There are no new duties on employers or businesses, and HSE is not changing its approach to how it enforces health and safety law. We will continue to target those who knowingly cut corners, put lives at risk and who gain commercial advantage over competitors by failing to comply with the law".

The Act received Royal Assent on 16 October after its successful passage through Commons and Lords.