Tougher penalties are being handed out to employers who breach serious health and safety laws following a change in approach to prosecutions, according to a newly published report.
Changes introduced under the Health and Safety Offences Act have led to more cases being tried in the lower courts, higher fines handed out to convicted offenders and more jail terms for unscrupulous employers who pay scant regard to the welfare of their staff or the public.
Minister of State for Health and Safety Mike Penning said:
“By handing greater sentencing powers to Magistrates and Sheriffs it has sent a clear message to unscrupulous employers that if they do not take their responsibilities seriously they will face stiff penalties, which include heavy fines and – in the very worst cases – prison.
“At the same time it has removed the burden of prosecuting all but the most serious of cases through the Crown Courts, which is generally less efficient, more time-consuming and more expensive than hearings held at the lower courts.
Key findings of the report include:
- a greater proportion of cases (86%) were heard in the lower courts after the Act came into force – that compares to 70% in the period leading up to its introduction,
- the average fine imposed by the courts involving breaches of health and safety regulations alone increased by 60%, from £4,577 to £7,310,
- for cases involving breaches of both health and safety regulations and the Health and Safety at Work Act (HSWA) the average increase was 25%, from £13,334 to £16,730, and
- 346 cases attracted fines of more than £5,000 – prior to the Act the maximum fine that could be imposed was capped at £5,000.
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