Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    TOUGHER COURT PENALTIES UNDER NEW GUIDELINES

    Analysis of health and safety prosecutions reveals rise on most metrics

    The construction safety consultancy MPW R&R has published an analysis of prosecution conviction data available on HSE web site. The data has been analysed to assess the impact of the first year of the new court Sentencing Guidelines in respect of organisations and individuals working in the construction industry convicted of breaches of health and safety legislation.

    Comparisons have been made with the final year of the previous Guidelines.

    Median fine increased by one-third

    These analyses showed that the median fine per construction organisation increased from £13.4k under the old Sentencing Guidelines to £20k under the New Guidelines. The largest fine imposed on a construction organisation increased from £1m to £2.6m.

    The proportion of individuals receiving prison or suspended prison sentences rose from around 1 in 3 (31%) to nearly 1 in 2 (47%) in the first year of the new Sentencing Guidelines. The proportion of individuals receiving fines reduced from 57% to 40% with the new Sentencing Guidelines.

    Summary of findings

    The research concludes with the following findings:

    1. Number of organisations – 116 construction organisations were convicted of one or more breaches in the first year of the new Sentencing Guidelines compared with 151 in the last year of the old Sentencing Guidelines.
    2. Median fines – the median fine per breach nearly doubled from £10k to £19.06k, whilst the median fine per organisation increased from £13.4k to £20k.
    3. Largest fine – the largest fine for a breach increased by 270% from £700k to £2.6m, whilst the largest fine for an organisation increased by 160% from £1m to £2.6m.
    4. Over £250k fines – in the last year of the old Sentencing Guidelines, seven breaches received fines of £250k or more – all of these were for breaches of either Sections 2 or 3 of the HSWA. In the first year of the new Sentencing Guidelines, 16 breaches received fines of £250k or more – the range of breaches receiving this level of fines had broadened, with seven breaches of the HSWA, four of CDM 2007 and two of the Work at Height Regulations.
    5. Less than £50k fines – the largest proportion of fines are still less than £50k for both breaches (61%) and organisations (66%). The proportion of fines less than £50k reduced somewhat with the introduction of the new Sentencing Guidelines: from 79% to 61% for breaches and from 75% to 65% for organisations.
    6. Fines between £100k and £200k – the proportion of breaches and organisations receiving fines between £100k and £200k has more than doubled under the new Sentencing Guidelines: from 3% to 7% for breaches and from 3% to 9% for organisations
    7. Prison sentences – there was an increase in the number of individuals receiving prison sentences from five to nine under the new Sentencing Guidelines. The number of individuals receiving suspended prison sentences rose from 14 (23%) to 25 (35%). The proportion of individuals receiving custodial sentences (prison or suspended prison sentences) rose from around 1 in 3 (31%) to nearly 1 in 2 (47%) in the first year of the new Sentencing Guidelines.
    8. Fines on individuals – the proportion of individuals receiving fines reduced from 57% to 40% under the new Sentencing Guidelines. The majority of the fines imposed on individuals were less than £10k. The median level of fine for individuals reduced from £4,500 under the old Sentencing Guidelines to £1,900 under the new Guidelines.

     

    Latest Construction Health and Safety News

    ROOF COLLAPSED UNDER EXCESS LOADING

    Director and company fined over roof design failures

    Read the rest of this article »

    Posted on 11th November 2018

    FORK LIFT OVERTURNED IN SCAFFOLDING YARD

    Untrained operator suffered life changing crush injuries

    Read the rest of this article »

    Posted on 10th November 2018

    STRUCTURAL SAFETY ALERT: EFFECTS OF SCALE

    SCOSS issues alert after concerns disclosed over ‘large structures’

    Read the rest of this article »

    Posted on 7th November 2018

    ASBESTOS EXPOSED BY UNTRAINED WORKERS

    Contractor failed to act properly despite HSE intervention

    Read the rest of this article »

    Posted on 7th November 2018

    GAS MAIN STRIKE REPAIR CAUSED SEVERE BURNS

    Contractor excavator damage to gas pipe ends in £1.2m fine

    Read the rest of this article »

    Posted on 7th November 2018

    REBAR FELL FROM FLT IN UNSAFE LIFTING OPERATION

    Multiple fractures caused by inappropriate use of fork lift

    Read the rest of this article »

    Posted on 7th November 2018

    HSE ENFORCEMENT WEEKLY UPDATE 7th NOV 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 7th November 2018

    POORLY PLANNED LIFT DISMANTLE INJURED WORKMAN

    Counterweight or suspension rope struck worker in lift shaft

    Read the rest of this article »

    Posted on 1st November 2018

    CONSTRUCTION INJURY AND ILL-HEALTH 2017/18

    hselogo1Fatal injury rate in long term decline whilst ill-health trend flat lining

    Read the rest of this article »

    Posted on 1st November 2018

    DUMPER DRIVEN INTO OPEN UNGUARDED EXCAVATION

    Contractor fined over absence of suitable excavation / dumper precautions

    Read the rest of this article »

    Posted on 1st November 2018

    DEATH FAILED TO TRIGGER PREVENTIVE ACTION

    Prison term for director whilst his company ordered to pay £3/4m

    Read the rest of this article »

    Posted on 29th October 2018

    FAILURE TO MAINTAIN GUARDS PROVES COSTLY

    Woodworking machinery defective despite previous HSE advice

    Read the rest of this article »

    Posted on 26th October 2018

    CISRS LAUNCH SYSTEM SCAFFOLD INSPECTION COURSES

    Training courses prompted by growing use of system scaffolding

    Read the rest of this article »

    Posted on 25th October 2018

    HSE INSPECTS CLADDING REMOVAL AND REPLACEMENT

    hselogo1Advice to Inspectors published on fire risk during work on tall buildings

    Read the rest of this article »

    Posted on 25th October 2018

    HIGHWAYS, RAIL AND WATER HEALTH & SAFETY HUBS

    Websites provide useful information, alerts and tools

    Read the rest of this article »

    Posted on 24th October 2018

    ELIMINATING CONCRETE DRILLING VIBRATION HAZARD

    Cutting specialist innovation avoids vibration exposure management

    Read the rest of this article »

    Posted on 24th October 2018

    NEW MEWP WORK AT HEIGHT RESCUE GUIDANCE

    Industry body publishes simple guidance on MEWP stranding actions

    Read the rest of this article »

    Posted on 24th October 2018

    HSE PUBLISH RIDDOR DATA VISUALISATION TOOL

    hselogo1Construction injury records made more relevant and easily used

    Read the rest of this article »

    Posted on 24th October 2018

    DESIGNER CPD EVENT HOSTED BY HSE, APS & IOSH

    CDM 2015 Construction Design Risk Management Event

    Read the rest of this article »

    Posted on 24th October 2018

    COUNCIL OVERLOOKED ICE RINK SLIPPING RISK

    Obvious risk of employees falling on ice rink was left uncontrolled

    Read the rest of this article »

    Posted on 22nd October 2018

    STRUCTURAL SAFETY BODY LATEST NEWSLETTER

    CROSS publishes reports and expert comment on a range of issues

    Read the rest of this article »

    Posted on 22nd October 2018

    YOUNG WORKER FELL FROM PETROL STATION CANOPY

    Steel fabricator after young construction worker falls on first day at work

    Read the rest of this article »

    Posted on 18th October 2018

    FIRM FINED OVER FAILURE AT ASSESS VIBRATION RISK

    Vibration regulations not acted upon until seven years in operation

    Read the rest of this article »

    Posted on 18th October 2018

    FAILURE TO ISOLATE LEAVES WORKMAN PARALYSED

    Conveyor guards removed before power source isolated

    Read the rest of this article »

    Posted on 16th October 2018

    TRADING STANDARDS AND HSE ACT IN CONCERT

    Director given prison term over fraud and health and safety breaches

    Read the rest of this article »

    Posted on 15th October 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic