The Health and Safety Offences Act 2008 came into force on 16 January 2009. The Act amends section 33 of the Health & Safety at Work Act 1974 and raises the maximum penalties for those who commit certain health and safety offences.
According to the explanatory notes, the objective behind the changes is to make sentences for health and safety offences sufficient to deter those tempted to break the law, and sufficient to deal appropriately with those who do commit offences.
The Act applies to offences committed after 16 January 2009.
In particular the Act:
- raises the maximum fine which may be imposed at summary level in the lower courts from £5,000 to £20,000 for most health and safety offences.
- makes imprisonment an option for more health and safety offences in both the lower (i.e. at summary level) and higher courts (i.e. on indictment). Where applicable the maximum sentence is 12 months at summary level and 2 years on indictment.
- makes certain offences which previously could only be tried in the lower courts, triable in either the lower or higher courts.
The message from HSE in relation to the new Act is that “employers who manage health and safety well have nothing to fear”. They go on to say that they will “continue to target those who knowingly cut corners, put lives at risk and who gain commercial advantage over their competitors by failing to comply with the law.”
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Carly Forrest