The Health and Safety (Offences) Act 2008 has now come into force, bringing in a number of key changes to existing legislation. It increases penalties and provides courts with greater sentencing powers for those who break health and safety law.
In particular, imprisonment will be a possible penalty for most health and safety offences in both the Magistrates' Court and the Crown Court and will also be a possible penalty for an offence committed by a corporate body.
The maximum fine available in the Magistrates' Court for breaches of regulations will be increased from £5,000 to £20,000. Additionally, certain offences, which are currently triable only in the Magistrates Court will be triable in either the Magistrates Court or the Crown Court.
Judith Hackitt, Chair of the Health and Safety Executive (HSE) in Great Britain welcomed the Act, saying, "It is right that there should be a real deterrent to those businesses and individuals that do not take their health and safety responsibilities seriously. Everyone has the right to work in an environment where risks to their health and safety are properly managed, and employers have a duty in law to deliver this."
She added that employers who manage health and safety well have nothing to fear from the changes since the HSE's inspectors will, "Use their powers sensibly and proportionately and will continue to target those who knowingly cut corners, put lives at risk and who gain commercial advantage over competitors by failing to comply with the law."
