The Health and Safety Offences Act 2008
The Health and Safety Offences Act 2008 came into force on Friday 16th January 2009. The new Act will increase penalties and provide courts with greater sentencing powers for those who break Health and Safety Law.
The purpose of the new legislation is to allow the lower courts the power to impose higher fines for some health and safety offences. This should be a wake up call to those businesses who do not take their health and safety responsibilities seriously. Employers in particular have to ensure that the work place is kept free from risk and they have a duty in law to ensure this.
Those businesses who manage Health and safety well have nothing to worry about in respect of the change of law. There are no new duties imposed and the HSE will continue its approach on how it enforces Health and Safety.
Those who are known for cutting corners and risking human life for financial gain will of course be continuously targeted. The effect of the new legislation means that:
- The maximum fine which maybe imposed in the lower courts is raised to £20,000 for most health and safety offences.
- Imprisonment becomes an option for more health and safety offences in both the lower and higher courts.
- Certain offences which are currently triable only in the Magistrates court become triable either way in the Magistrates or Crown Court.
Published: 23th January 2009
Satpal Roth, Solicitor
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