Know what you want? Try our 'Supplier Directory' 

New sentencing rules mean safety fines could increase

With effect from today (1 February), the Health and Safety Offences and Corporate Manslaughter Offences Guidelines could result in higher (and potentially unlimited) fines for companies and public sector bodies which fail to comply with health and safety law.

 

According to the new guidelines, in the event of a health and safety prosecution a fine “must be sufficiently substantial to have a real economic impact which will bring home to management…the need to comply with health and safety legislation”.

 

According to Paul Reeve, director of business services at the Electrical Contractors’ Association (ECA), the new guidelines underline the need for contractors, of any size, to have an effective approach to complying with health and safety law.

 

He said: “Key legislation for contractors includes the CDM 2015 and Management of Health and Safety at Work 1999 Regulations. The ECA is working closely with the BESA to ensure that building services contractors know what they need to do and to help them comply”.

 

He continued: “A key message to contractors is to have sensible and effective, but also proportionate, arrangements for ensuring health and safety and to have access to competent health and safety advice. These measures need to cover what you actually do at work, no more and no less.”

 

When sentencing for health and safety offences the guidelines now require the courts to consider factors such as: ‘culpability’ – ranging from ‘low’ (the company did not fall far short of the appropriate standard) to ‘very high’ (a deliberate breach of, or flagrant disregard for the law); the organisation’s annual turnover, or equivalent; and any aggravating factors such as cost-cutting at the expense of safety, or mitigating factors, such as a good health and safety record.

 

Mr Reeve concluded: “Two ways for contractors to show basic health and safety capability are to meet the technical and safety requirements of their sector trade association and to meet the assessment criteria applied by schemes operating under the SSIP banner”. 

 

 

 

 

1 February 2016

Comments

Already Registered?
Login
Not Yet Registered?
Register

MCS reports record January for renewable installations

The latest data from the MCS Data Dashboard, which provides near-real-time dynamic visualisations of the uptake of small-scale renewable technologies across the UK, show that January 2025 was the strongest start to the year in Scheme history for ...

  20-Feb-2025

Clivet brings in six new members of the family

At the end of 2024, Clivet Group UK won the Fastest Growing Subsidiary Award at the 3rd Edition General Manager’s Bootcamp in Milan, and as a result, Clivet Group UK needed to grow their Clivet sales and support family to accommodate this growth. ...

  19-Feb-2025

STOKVIS R600

CONDENSING ULTRA LOW NOx PREMIX COMMERCIAL BOILER
  10-Jan-2019
Heating & Ventilating Review is the number one magazine in the HVAR industry. Don’t miss out, subscribe today!
Subcribe to HVR

Diary