Experts in Business

On the 16th October 2008 the Health & Safety (Offences) Act 2008 received Royal Assent and will come into force on the 1st April 2009.

This new piece of legislation has been in the pipeline for a while, and will give further back up to the Corporate Manslaughter Act, to ensure companies provide a safe place of work for their employees.

At the present time if a company is in breach of Sections 2-6 of the Health & Safety at Work Act 1974, in the lower courts, they could be fined up to £20,000 and/or up to 6 months imprisonment. Imprisonment is only available for certain cases. For breaches outside of these Sections, including regulations, there is a maximum fine of £5,000. In the higher courts the fines may be unlimited and/or imprisonment for certain offences of up to 2 years.

When the new act comes into force the lower courts will be able to set fines of up to £20,000 for nearly all breaches including breaches of regulations and/or imprisonment of up to 12 months. In the higher courts the unlimited fines stay but there are more offences that may also be punishable with imprisonment of up to 2 years.

The new levels of fine and imprisonment also cover Sections 7 and 8, which cover employees responsibilities and interference with provisions made for safety.