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    SENTENCING GUIDELINES TRIGGER PENALTY INFLATION

    Major construction business plans for heavier H&S penalties

    The 2015 definitive guidelines for health and safety offences, corporate manslaughter and food safety and hygiene offences came into effect in February 2016.

    It has now been reported by Construction News that Balfour Beatty CEO Leo Quinn has put in place a “prudent reserve” in the event of Balfour Beatty being fined in the future under the new sentencing guidelines which also apply to any future prosecutions concerning incidents which pre-date introduction of the revised rules.

    The new guidelines provide a framework for penalties in England and Wales for organisations and individuals convicted of breaching the Health and Safety at Work Act and other health and safety regulations and the Corporate Manslaughter and Corporate Homicide Act.

    The guidelines apply to individuals prosecuted for failing to safeguard themselves and others under the Health and Safety at Work etc. Act 1974 Section 7 (for employees) and Section 37 (for managers and directors) or for gross negligence manslaughter.

    In the first six months of operation the new guidelines have resulted in a significant increase in the size of penalties compared with recent years.

    Lawyers outline implications

    The Institution of Occupational Safety and Health (IOSH) recently brought together safety lawyers Dr Simon Joyston-Bechal, director of Turnstone Law, and Michael Appleby of Bivonas Law for a discussion broadcast online.

    A useful summary of the implications has now been published in  IOSH Magazine

     

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