The Health and Safety Offences Act came into force this month (17 January) signalling tougher penalties for those who breach health and safety regulations.

The new Act raises the potential punishments available to the courts in relation to health and safety offences, quadrupling the maximum fine in the magistrates courts from £5k to £20k.

Chief Executive of the Health and Safety Executive, Geoffrey Podger, urged that, although the Act does not impose any new duties on employers or businesses, it will act as a real deterrent to those who do not take their health and safety responsibilities seriously.

“Our message to the many employers who do manage health and safety well is that they have nothing to fear from this change in law. We will retain the important safeguards that ensure that our inspectors use their powers sensibly and proportionately. We will continue to target those who cut corners, put lives at risk, and who gain commercial advantage over competitors by failing to comply with the law.”

Welcoming the Act IOSH’s immediate past president Ray Hurst commented:

“We believe this Act will allow the courts to send a strong message to employers that health and safety offences are treated just as seriously as other offences, such as those involving financial misconduct. Employers need to remember that health and safety offences aren’t just about rule-breaking; they can actually ruin people’s lives.”

DWP Minister Lord McKenzie suggested the Act should bring about faster justice:

“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.

“Furthermore, by extending the £20,000 maximum fine to the lower courts and making imprisonment an option, more cases will be resolved in the lower courts and justice will be faster, less costly and more efficient.

“Jail sentences for particularly blameworthy health and safety offences committed by individuals, can now be imposed reflecting the severity of such crimes, whereas there were more limited options in the past.”

Finally remembering the Act’s origins, Lord McKenzie commented:

“I am delighted that this legislation is now on the statute book and very grateful to my colleagues Keith Hill MP and Lord Bruce Grocott for introducing the Bill and for the support received from all sides of both Houses of Parliament.”