New Health and Safety Act comes into force
THE new Health and Safety (Offences) Act 2008 came into force last Friday (16 January), bringing with it the prospect of higher fines for some health and safety offences and giving courts greater sentencing powers for those who break health and safety law.
Welcoming the new legislation, HSE chair Judith Hackitt said it was right that there should be a real deterrent to those businesses and individuals that do not take their health and safety responsibilities seriously.
‘Everyone has the right to work in an environment where risks to their health and safety are properly managed, and employers have a duty in law to deliver this,’ she commented.
According to the HSE, the message to the many employers who do manage health and safety well is that they have nothing to fear from this change in the law. There are no new duties on employers or businesses, and HSE is not changing its approach to how it enforces health and safety law.
‘We will retain the important safeguards that ensure that our inspectors use their powers sensibly and proportionately,’ said Ms Hackitt. ‘And we will continue to target those who knowingly cut corners, put lives at risk and who gain commercial advantage over competitors by failing to comply with the law.’
The new Health and Safety (Offences) Act 2008 fulfils a long-standing government and HSE commitment to provide the courts with greater sentencing powers for health and safety crimes.
The effect of the Act is to: raise the maximum fine which may be imposed in the lower courts to £20,000 for most health and safety offences; make imprisonment an option for more health and safety offences in both the lower and higher courts; and make certain offences, which are currently triable only in the lower courts, triable in either the lower or higher courts.
The full text of the Act can be found by clicking on the web link below:
