The Health and Safety (Offences) Act 2008, a new piece of legislation that will give courts greater powers of sentencing and increase fines for those who breach health and safety legislation gained Royal Assent on 16th October. It will come into force in January 2009. The Act amends Section 33 of the Health and Safety at Work etc Act 1974, and raises the maximum penalties available to the courts in respect of certain health and safety offences.
The Act widens the range of offences for which an individual can be imprisoned and increases the maximum penalties that can be imposed for health and safety regulation breaches, from 5000 to 20000 pounds in the lower courts. Sentences can now be more easily set at a level that will deter businesses that do not take their health and safety management responsibilities seriously and further encourage employers and others to comply with the law.
Furthermore, by extending the 20000 pounds maximum fine to the lower courts and making imprisonment an option, more cases will be resolved in the lower courts so that justice will be more expedient, less costly and more efficient. Whereas in the past there were more limited options, jail sentences for particularly blameworthy health and safety offences committed by individuals, can now be imposed reflecting the severity of such crimes.
There are no changes to the existing legal duties of businesses and the HSE have made it clear that their enforcement policy will target those who cut corners, gain commercial advantage over competitors by failing to comply with health and safety law and who put workers and the public at risk.Good employers and managers have nothing to fear.
See link below for further information
http://www.hse.gov.uk/news/2008/hsa.htm
