New Health and Safety Offences Act 2008
Following on from the Corporate Manslaughter and Corporate Homicide Act 2007, The Health and Safety Offences Act 2008 has received Royal Assent and will come into force in January 2009. This Act amends section 33 of the Health and Safety at Work Act 1974
The Act raises the maximum penalties that can be imposed for breaching health and safety regulations in the lower courts from £5000 to £20000 and the range of offences for which an individual can be imprisoned has also been broadened.
Lord McKenzie, Minister for the DWP, said " 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"
There is now a strong message: if there are serious breaches then the courts are prepared to impose hefty financial penalties or significant sentences of imprisonment.
Organisations with good health and safety policies and procedures combined with competent know how will have nothing to fear from the Act. The law states that " an organisation is guilty of an offence only if the way in which its activities are managed or organised by its senior management is a substantial element in the breach referred to".
Senior management is responsible for health and safety which has become a fundamental aspect of any organisations business practise. A health and safety policy must be relevant to the business and needs to be reviewed periodically and updated when necessary to ensure that it is current.