The Health & Safety Sentencing Revolution
1 February 2016 saw the biggest change in health and safetyenforcement for over 40 years, since the Health and Safety at WorkAct (HSWA) came into force in 1974.
The new sentencing guidelines for health and safety offences andcorporate manslaughter sets out a nine-step codified approach tiedto corporate turnover.
Every business or organisation that has employees or otherworkers for which it is responsible for their health and safetyneeds to know about the new sentencing guidelines and how they willimpact upon their business. It is now vital to bring the importanceof health and safety to the attention of board members and seniorexecutives and explain how the law expects them to act in order toavoid colossal financial penalties and stay out of jail.
George Coyle, head of Rollits' Regulatory Team said "1 February2016 marked the day that the financial penalties for corporatemanslaughter, health and safety, and hygiene offences rose to anastonishing level. In appropriate cases the Court can, andwill, now impose a financial penalty in the knowledge that it willlead to the financial collapse of the business upon whom the finehas been imposed.
"This is all part of a drive to ensure regulatory complianceand, in particular, to ensure that it is more expensive not tocomply with relevant regulations than it would be to comply withthem.
"It is now even more important for businesses (and theindividuals responsible for health and safety matters) to be ontheir guard whenever "an inspector calls"."
This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.