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Health Warning - You Face Jail!- 22/10/2008
Company bosses face up to two years in prison for neglect of their health and safety duties under new laws, a county law firm is warning.
The Health & Safety (Offences) Act 2008 has just become law, says FBC Manby Bowdler LLP solicitor David Campbell.
It introduces the threat of imprisonment for breaches of an employers’ general duty to ensure the health, safety and welfare of employees and non-employees, where previously they faced only a fine. It applies to all offences committed on or after 17 January next year.
If it can be shown that a director, company secretary, manager or someone of similar standing in a company has been neglectful or in some way allowed the breach to occur then they could be sent to prison for a maximum of two years.
“It is even worse news for small owner managed businesses,” says Campbell, “as individuals who are found to have exposed employees or others to a risk to their health, safety and welfare need to prove they did all they could to avoid it. This can prove difficult."
“If they cannot prove they did all they could, then they too face the threat of jail, depending upon the circumstances and severity of the case.
“The Minister leading the changes has said that prison should be for the ‘most severe’ cases only, but it is not the Government who sentence offenders and there is no definition at the moment as to what a 'most severe' case is.”
The Act raises the maximum penalty to £20,000 for most health and safety offences prosecuted by local councils or the HSE and dealt with by magistrates.
The size of fine will depend on the company’s previous safety record, co-operation with investigators, remedial steps taken and ability to pay.
Campbell concludes: “It is therefore more important than ever that employers put in place the necessary measures to ensure the health, safety and welfare of employees and others who might be affected by their business – and get help if they are unsure.”