17 January 2009

Employers and employees “more likely to go to prison than muggers”

Careless workers and their bosses could be more likely to go to prison than muggers after new health and safety legislation came in to force on Friday 16 January 2009. The Health and Safety (Offences) Act 2008, introduces custodial sentences of up to two years for workers or their bosses who breach workplace safety rules as opposed to the previous regime of fines.

The wide-ranging powers also mean that an employee who has contributed to a health and safety offence could face a prison sentence even if no accident or injury occurred as a result of their actions.

Ian Veater, Health & Safety specialist at Bright LLP said: “Even the minor breaches of the new health and safety laws can lead to prosecution. It could be anything from failing to take responsible care for others’ lives to supervisory roles such as carrying out risk assessments.”

He continued: “For example, a properly trained forklift truck driver who fools around whilst shifting things or drives carelessly risks prosecution. There doesn’t even need to be an accident or an injured person to incur prosecution. According to a recent article in The Times, the new laws mean that a careless warehouse worker is more likely to go to prison than a mugger.”

The new Act is designed to encourage businesses to pay closer attention to health and safety matters. Last year 229 people were killed at work in the UK, according to the British Safety Council.

“It is very important that businesses understand that the new rules are in addition to the Corporate Manslaughter Act that came into effect in April last year. Yes, they provide a further burden to business but that isn’t a defence to non-compliance. Businesses need to understand the increased scope of the new rules and ensure they put in place procedures to reduce their exposure. I am expecting the Health & Safety Executive to conduct a series of early prosecutions to prove the new rules have teeth,” advised Ian.

Ian Veater is one of very few practitioners in the UK with specialist experience in Health & Safety law. He has been involved in a large number of high profile Health and Safety cases including the Avonmouth bridge collapse when 4 workers died resulting in fines of over £1million for the firms involved. In addition, he was part of the prosecution team when Corus was ordered to pay more than £3m for breaching health and safety laws at a factory where a massive explosion killed three workers. Ian can be contacted on 01752 764848 or by email Ian.Veater@Brightllp.co.uk