Turner Access Higher Safety Total Access
Total Access Ethentic Chipmunk Data
Chipmunk Data Turner Access Ethentic

HEALTH SAFETY PROSECUTION PENALTIES INCREASE

Movement of cases to lower courts triggers rise in average  fines 

The Government has published a report Health and Safety Act 2008: Post-legislative scrutiny memorandum 16 January 2014. The  report has found that “tougher penalties” are being handed out to employers for breaches of health and safety legislation following a “change in approach to prosecutions”.

The changes introduced under the Health and Safety Offences Act are said to have led to more cases being tried in the lower courts, higher fines handed out to convicted offenders and more prison terms imposed for “unscrupulous employers” who pay scant regard to the welfare of their staff or the public.

Penalties for breach of regulations rise by 60% 

The review was conducted by the HSE on behalf of the DWP and the report reviews the first 5 years of the Act. The purpose of the Act was to raise the maximum penalties available to the courts for certain health and safety offences by altering the penalty framework set out in the Health and Safety at Work Act.

Key findings of the report include:

  • 86% of cases heard in the lower courts cf 70% in the period leading up to introduction of the Act;
  • average fine imposed for breaches of regulations alone increased by 60%, from £4,577 to £7,310;
  • cases involving breaches of regulations and HSW Act average increase by 25% £13,334 to £16,730); and
  • 346 cases attracted fines of more than £5,000 (prior to the Act max capped at £5,000);

The purpose of the Act was to increase the maximum penalties for workplace health and safety offences that could be heard in both the lower and higher courts. It was believed that if the penalties were increased it would provide a greater deterrent to would-be offenders.

The maximum fine that could be imposed by the lower courts increased four-fold from £5,000 to £20,000.

Clear message to unscrupulous employers

Magistrates and Sheriffs were also given greater powers to send an offender to prison. In the past custodial sentences were reserved for specific cases, but now someone can be sent to prison for the majority of offences.

And certain offences that in the past could only be tried in the lower courts, such as the failure to comply with an improvement order, were made triable in either court, meaning the offender could face a much tougher sentence if their case was referred to the Crown Court.

Minister of State for Health and Safety Mike Penning said:

“By handing greater sentencing powers to Magistrates and Sheriffs it has sent a clear message to unscrupulous employers that if they do not take their responsibilities seriously they will face stiff penalties, which include heavy fines and – in the very worst cases – prison.

At the same time it has removed the burden of prosecuting all but the most serious of cases through the Crown Courts, which is generally less efficient, more time-consuming and more expensive than hearings held at the lower courts.”

Latest Construction Health and Safety News

MAJOR CONTRACTORS LAUNCH H&S ALERT SYSTEM

Build UK members share information for effective prevention of harm

Read the rest of this article »

Posted on 19th July 2017

HSE ENFORCEMENT WEEKLY UPDATE 19th JULY 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 19th July 2017

STRUCTURAL SAFETY BODY LATEST NEWSLETTER

SCOSS publishes reports and expert comment on a range of issues

Read the rest of this article »

Posted on 18th July 2017

SAFE SYSTEM DEVISED BUT NOT IMPLEMENTED

Workman injured by goods falling from double-decked trailer

Read the rest of this article »

Posted on 18th July 2017

PREVENTION PLANNING REQUIRED FOR FRAGILE RISK

Fall arrest safety netting not used to mitigate fall consequences

Read the rest of this article »

Posted on 17th July 2017

MANAGEMENT OF FORMWORK NOT UP TO THE MARK

Erector fell 3m after access scaffold board failed under load

Read the rest of this article »

Posted on 17th July 2017

VIBRATION UNCONTROLLED & WORKERS UNINFORMED

Engineering firm fined £120,000 over hand-arm vibration risk

Read the rest of this article »

Posted on 14th July 2017

HSE ENFORCEMENT WEEKLY UPDATE 12th JULY 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 12th July 2017

SCAFFOLDER WAS UNTRAINED AND UNSUPERVISED

Contractor and director failed to train injured workman to CISRC scheme

Read the rest of this article »

Posted on 10th July 2017

WORKPLACE MANSLAUGHTER OUTCOMES SET TO RISE

Guidelines target gross negligence with serious disregard and cost-cutting

Read the rest of this article »

Posted on 7th July 2017

WORKMAN BURNT CLEANING WITH FLAMMABLE LIQUIDS

Flammable substance and unprotected electrical equipment trigger flash fire

Read the rest of this article »

Posted on 7th July 2017

PUWER FAILINGS AND INJURY END IN £1,900,000 FINE

Massive fine after workman suffers friction burns caused by conveyor

Read the rest of this article »

Posted on 7th July 2017

HSE ENFORCEMENT WEEKLY UPDATE 5th JULY 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 7th July 2017

HSE REPORTS CONSTRUCTION DEATHS AT RECORD LOW

hselogo1Fatalities decline whilst asbestos related mesothelioma deaths rise

Read the rest of this article »

Posted on 5th July 2017

CURSORY AND NEGLIGENT ASSESSMENT BY DIRECTOR

Building firm owner jailed after workman died in trench collapse

Read the rest of this article »

Posted on 3rd July 2017

UPDATE – DIRECTOR AND EXCAVATOR OPERATOR JAILED

Excavation collapse dangers ignored by director and digger operator

Read the rest of this article »

Posted on 3rd July 2017

HSE SAFETY ALERT: TRACK TENSIONING INCIDENT

hselogo1Workman died from hydraulic injection injury whilst tensioning track

Read the rest of this article »

Posted on 30th June 2017

OXYGEN PIPE EXPLOSION CAUSED SEVERE BURNS

Components used containing materials unsuitable for use with oxygen

Read the rest of this article »

Posted on 30th June 2017

HSE ENFORCEMENT WEEKLY UPDATE 28th JUNE 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 28th June 2017

ROOF FALL CAUSES LIFE CHANGING INJURIES

Inadequate planning and absence of necessary equipment caused fall

Read the rest of this article »

Posted on 25th June 2017

LIFT PLANNING AND CONTROL FOUND WANTING

Female building worker struck by scaffold fittings tipped from stillage

Read the rest of this article »

Posted on 25th June 2017

FATALITY: CRANE COLLAPSE ON HOMES PROJECT

Two workmen die in crane collapse in Crewe

Read the rest of this article »

Posted on 23rd June 2017

BUILD UK EXPLAINS PROJECT H&S TRAINING STANDARD

UK contractors clarify skill cards needed on CDM 2015 projects

Read the rest of this article »

Posted on 21st June 2017

HSE ENFORCEMENT WEEKLY UPDATE 21 JUNE 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 21st June 2017

CIVILS FIRMS PAYS PRICE OVER PUBLIC DANGER

Fencing wire struck member of public relaxing in own garden

Read the rest of this article »

Posted on 20th June 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access