Penalties for Health and Safety Offences

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PENALTIES FOR HEALTH AND SAFETY OFFENCES

Offence	Magistrate's Court	Crown Court
Breaches of HASAWA Sections 2 to 8	Fine up up £2000 and/or up to 12 months imprisonment	Unlimited fine and up to 2 years in prison
Non compliance notice of improvement or prohibition notice or course order	Fine up up £2000 and/or up to 12 months imprisonment	Unlimited fine and up to 2 years in prison
Making a false statement or entry in a register	Fine up to £2000 and/or up to 12 months in prisonment	Unlimited fine and up to 2 years in prison
Any other breaches not specified	Fine up to £2000 and/or up to 12 months imprisonment	Unlimited fine and up to 2 years in prison
Breaches of general duties under the HASAWA section 9	Fine up to £20,000	Unlimited fine
Obstructing and inspector	Fine up to £5000 and/or 51 weeks in prison	Not available
To pretend to be an inspector	Fine up to £5000	Not available

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

Disclaimer. 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.

Health And Safety Penalties

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PENALTIES FOR HEALTH AND SAFETY OFFENCES