The legislative information contained on this web site is my interpretation of the law based on many years in the health and safety business. A definitive interpretation can only be given by the courts. I will therefore not be held responsible for any accident/incident/prosecution arising as a consequence of anyone using any information obtained from this web site.
Penalties for Health and Safety Offences
The Health and Safety (Offences) Act 2008, which came into force on 16 January 2009, amends the maximum penalties that can be made against defendants under the Health and Safety at Work, etc. Act 1974 (HASAWA) and other, related, health and safety regulations.
This Act gives lower courts the power to impose higher fines for some health and safety offences, as shown above.
In addition to the above, the offence of Corporate Manslaughter came into force in April 2008.
It's worth noting the draconian powers afforded to Factory Inspectors and Environmental Health Officers as follows:
- To enter premises at any reasonable time
- To take a Constable with him/her if necessary
- To take with him/her another authorised person
- To examine, investigate and require premises to be left undisturbed
- To take samples subject to leaving a compatible sample
- To dismantle or test any dangerous article or substance
- To require information, facilities and assistance
- To require the production of any relevant books and documents
- To issue improvement or prohibition notices
- To initiate prosecutions
- To seize, destroy or render harmless any article or substance which is a source of imminent danger