Executives and managers could face two year jail terms for health and safety breaches under legislation just passed by Parliament. The Health and Safety Offences Act 2008 received Royal Assent this month, and the Government has said that the new punishments reflect the seriousness of some breaches.
The changes will increase the number of situations in which people can be imprisoned for health and safety breaches. Any employee who fails to take reasonable care for the health and safety of others, or themselves, could face jail. Directors and senior managers whose company commits a breach could also face imprisonment where the offence happened with their consent or due to their neglect. The new law also increases the maximum fine available to lower courts from £5,000 to £20,000. Higher courts retain their power to impose unlimited fines.
The Government hope the new powers will help punishments match very severe cases. Lord McKenzie, minister at the Department for Work and Pensions commented, "It is generally accepted that the level of fines for some health and safety offences is too low. These changes will ensure that sentences can now be more easily set at a level to deter businesses that do not take their health and safety management responsibilities seriously and further encourage employers and others to comply with the law."
The Act amends the provisions relating to offences contained in the Health and Safety at Work etc. Act 1974 and the Health and Safety at Work (Northern Ireland) Order SI 1978/1039, and will come into force on 16 January 2009.
