Health and Safety Offences Act 2008

On 16th January 2009 the Health and Safety Offence Act 2008 came into force. Employers will now need to ensure that their employees fully comply with health and safety policies and procedures, as the Act imposes more severe punishments for health and safety breaches that could leave employers facing up to two years in prison or a large fine. The effect of the Act is to:
• raise the maximum fine that may be imposed in the lower courts from £5,000 to £20,000 for most health and safety offences
• give both the higher and lower courts the option to imprison employers for a greater number of offences
• make certain offences, which previously could only be tried in the lower courts, can now be tried in both the lower and higher courts.
The maximum fine that can be imposed in the higher courts remains unlimited. On top of this, the Health and Safety Executive has urged employers to carry out full risk assessments within their organisations, following the recent prosecution of a roofing company and its owner. The Health and Safety Offences Act 2008 amends the existing 1974 Act by raising the maximum penalties that a director, manager, secretary or other similar officer could face. The penalties can be imposed by lower courts and the range of offences punishable by imprisonment has risen.