Harsher penalties for health and safety offences
With effect from 16 January 2009, the Health and Safety (Offences) Act 2008 increases the maximum penalties that apply to most health and safety offences.
The Act increases the maximum fine that may be imposed in the magistrates' court from £5,000 to £20,000 for most health and safety offences, and broadens the range of offences for which an individual may be imprisoned. It also allows certain offences that are currently triable in only the magistrates' court to be tried in either the magistrates' court or the Crown Court, allowing harsher penalties to be imposed.
- Prosecution of an employer The XpertHR employment law manual sets out the increased penalties that have been introduced, together with the existing law on criminal liability in relation to health and safety offences.
Also
New health and safety legislation Chris Morrison of Halliwells considers the provisions of the Health and Safety (Offences) Act 2008 and whether or not it has sparked unnecessary alarm among employers. He also provides guidance on discharging employer health and safety responsibilities.
Parliament passes Act to extend fines Howard Fidderman, Health and Safety Bulletin Editor, takes a brief look at the changes introduced by the Health and Safety (Offences) Act 2008.
The Health and Safety (Offences) Act 2008, and Explanatory Notes are available on the OPSI website.