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Health & Safety (Offences) Act 2008

The Health & Safety (Offences) Act 2008 came into force on 16 January 2009. The purpose of the Act is to provide greater penalties for various health & safety offences.

The effect is to raise the maximum fine which can be imposed by the Magistrates' Court to £20,000.00 for most health & safety offences. It also gives both higher and lower courts the option to imprison for more health & safety offences. Finally, it makes certain offences which are currently only triable in a Magistrates' Court, triable in either a Magistrates' or Crown Court depending on the severity of the breach. If a case is heard in the Crown Court then that Court can impose an unlimited fine and a sentence of imprisonment.

The main change is to give greater flexibility to the lower courts (i.e. Magistrates' Courts) in the amount of fines that they can impose and to give the lower courts the ability to imprison. What the Act does not do is impose any further liabilities on employers.</p>
The increase in penalties by the introduction of this Act will no doubt assist in prosecutions against the construction industry for health & safety breaches. It is well known that the construction industry is considered to be one of the most dangerous industries to work on. According to the HSC, in the last 25 years over 2,800 people have died as a result of construction accidents.

Employers have a duty to ensure the health & safety of their employees. Individual directors and senior management can be found liable for health & safety failings and with this Act now coming into force, the possibility of imprisonment for health & safety breaches is something that must seriously be kept in mind when carrying out health & safety assessments.

If you would like any further information on this article then please contact Sarah Shemmings at office@shemmingsllp.co.uk or +44 (0) 845 345 1244

Author / Commentator: Sarah Shemmings - Date: 02/01/2006

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