Bill proves costly

Tougher penalties for health and safety offences are being proposed in the Health and Safety (Offences) Bill.

The Labour MP who introduced the Bill, Keith Hill, said his aim was to, "Punish the criminally negligent who put life and limb in danger in the workplace, and to deter those who are tempted to cut costs by breaking the law."

The Bill proposes to:

• raise the maximum fine which may be imposed in the Magistrates' Court for breaches of health and safety regulations from £5,000 to £20,000;
• make imprisonment an option for more health and safety offences in both the Magistrates' and Crown Court; and
• allow certain offences, which are currently only triable in the Magistrates' Court, to be heard in either the Magistrates' or the Crown Court, where the fines imposed would be unlimited.

These proposals will affect countless health and safety regulations, which are in force under the Health and Safety at Work etc Act 1974. In particular, businesses in the food and retail sectors that fail to carry out a suitable and sufficient risk assessment in respect of "back of house" activities will be caught by this proposed legislation.

Companies should also undertake the periodic review of risk assessments covering the integrity of any racking, production machinery and use of forklift trucks or similar vehicles in order to avoid higher fines.