Consequences Of Breaking Health And Safety Laws

Health and safety laws are designed to protect employees, customers and the general public from risks at work. If you break these laws, you may be prosecuted by the Health and Safety Executive (HSE) or your local authority, and you could face serious consequences, including fines, prison sentences, or both. The penalties for breaking health and safety laws can vary depending on the nature and seriousness of the offence, and whether anyone was injured as a result. In addition to legal consequences, businesses may also face irreparable damage to their reputation and financial losses. Employees who fail to comply with health and safety regulations can also be held responsible and prosecuted, even if no accidents occur.

Fines, suspensions and imprisonment

Fines

Fines for health and safety breaches are unlimited and depend on the seriousness of the offence, whether harm was caused, and whether the breach was deliberate or accidental. Fines can be imposed by magistrates and are often far more than the annual profits of a company. For example, British Airways PLC was fined £1.8 million for an incident where an employee sustained serious crush injuries due to a vehicle collision at Heathrow Airport. Northern Gas received a fine of £5 million plus costs of £91k after a lady died in a fire and gas explosion at a residential property.

Suspensions

Suspensions are also a possibility, especially if the offending party is found to have neglected their duty of care. The director of a scaffolding company was sentenced to 10 weeks of imprisonment, suspended for 18 months, for security maintenance failings that led to a worker's death.

Imprisonment

In more serious cases, imprisonment is a real possibility. A scaffolder in Manchester, Terrance Murray, was sentenced to 26 weeks in prison for breaching health and safety laws. He was working at height without edge protection and was not wearing a harness connected to the scaffolding or building. Two directors of a metal recycling company in Birmingham received 9-month jail sentences after a wall collapsed on six workers, killing five. This was due to gross negligence, which occurs when injury or death occurs due to a failure to carry out an obligation or skill correctly or at all, showing indifference or disregard for risk.

Health and safety laws are in place to protect employees, customers, and the general public from risks at work. Breaching these laws can have severe consequences, including fines, suspensions, and imprisonment. It is essential for businesses and employees to take these laws seriously and prioritize health and safety in the workplace.

Civil and criminal liabilities

On the other hand, criminal liability can arise from breaches of the Health and Safety at Work Act 1974 and its associated regulations. These breaches are criminal offences that can lead to prosecution in criminal courts. The Health and Safety Executive (HSE) or Environmental Health Officers (EHO) typically enforce these laws, and prosecutions may be handled by magistrates' or crown courts.

The Health and Safety at Work Act 1974 imposes duties on corporations and personal liability on employers, employees, directors, and senior managers. The Act requires corporations to ensure the health, safety, and welfare of employees and non-employees by managing and reducing risks. This duty extends to taking all reasonably practicable steps to protect against potential dangers, even if no one has been harmed.

The penalties for breaking health and safety laws can be severe and include unlimited fines, imprisonment of up to two years (or five years for particularly serious offences), or both. Fines are determined based on the seriousness of the offence, whether it was deliberate or accidental, and the annual turnover of the business. Imprisonment is more likely in cases of gross negligence or corporate manslaughter, where injury or death has occurred due to a failure to fulfil obligations or demonstrate required skills.

In addition to criminal penalties, health and safety breaches can result in adverse publicity and corporate liability in civil claims. The financial impact on businesses can be devastating and cannot be insured against. Therefore, compliance with health and safety laws is crucial to avoid civil and criminal liabilities and to ensure the safety and well-being of employees and the public.

Corporate manslaughter

The Corporate Manslaughter and Corporate Homicide Act 2007 came into effect in the UK on 6 April 2008, enabling corporations to be punished and censured for culpable conduct leading to a person's death. This goes beyond any compensation awarded in civil litigation or criminal prosecution of an individual. The Act applies to certain organisations, including private bodies such as limited companies and partnerships, and public bodies like local authorities and NHS Trusts.

To prove corporate manslaughter, the following must be established:

• The defendant is a qualifying organisation.
• The organisation owed a relevant duty of care to the deceased.
• There was a gross breach of that duty by the organisation.
• The activities were managed or organised by senior management, contributing to the breach.
• The gross breach of duty caused or contributed to the death.

Senior management is defined as individuals who play significant roles in decision-making or managing/organising the whole or substantial part of the organisation's activities. The offence applies when management failures occur at a senior level, and the breach must amount to a gross breach, falling far below what can reasonably be expected of the organisation.

The prosecution must prove that the breach was causative of death, meaning it contributed more than minimally to the death. The penalty for corporate manslaughter is a fine, with a range of £180,000 to £20 million, depending on the size of the organisation.

While corporate manslaughter cases are rare, they do carry significant consequences, including hefty fines and, in some cases, prison sentences for those responsible.

Damage to reputation

Breaking health and safety laws can have serious consequences for your business's reputation. A business is defined by its reputation. A proactive and robust approach to health and safety is one of the best ways to build a company's reputation. It is not just clients that take notice; employees, their colleagues, and associates will also form an opinion of your business based on its health and safety record over the years.

A serious accident can damage that hard-won reputation in a matter of minutes. Protecting your business against potential backlash is vital, and a proactive approach is the best way to do this. Identifying ways to manage potential risks to your reputation is ideal. If a serious accident occurs, the first thing to do is to help anyone affected and keep them out of further harm's way. First aid and isolating the area will also help in the immediate aftermath.

In the early stages of an incident, social media can be a source of negative publicity. Employees may post about the incident on their social media accounts, which can leak information to the wider public. Asking employees to refrain from posting or taking pictures can help to get ahead of this.

In the event of an inspection and/or a visit by an insurance company, you will need to be able to provide your Health & Safety handbook, training records, and any related risk assessments. Failure to do so would be extremely damaging to your reputation.

Creating a culture of health and safety awareness is the most reliable way to protect your business's reputation. This requires buy-in from every level, from the director downward. It is an ongoing process that produces positive results within your company and echoes far and wide when it comes to your reputation.

A breach of health and safety laws can also lead to adverse PR and is disclosable in tenders. The financial penalties can be devastating to a business, and it is not possible to insure against them. Even if a fine doesn't put you out of business, damage to your reputation might.

Prosecution by the Health and Safety Executive (HSE) or local authority

If you break health and safety laws, you may be prosecuted by the Health and Safety Executive (HSE) or your local authority. The HSE is responsible for regulating the implementation and adherence to health and safety laws in the UK, while local authorities also play a role in enforcement and prosecution.

The HSE maintains public registers of convictions and notices related to health and safety violations. These registers include details of prosecutions, enforcement notices, and convictions for organisations and individuals. The information in these registers is regularly updated, providing transparency and accountability.

Local Authorities (LAs) are also responsible for enforcing health and safety laws and are encouraged to publicise their intervention, enforcement, and prosecution activities. They share this information with the HSE to contribute to national data and allow for benchmarking and analysis.

Prosecution by the HSE or local authority can result in a range of consequences for individuals and organisations found guilty of health and safety breaches. These can include:

• Unlimited fines: There is no cap on the amount that can be fined, and the size of the fine will depend on the seriousness of the offence and whether it was deliberate or accidental.
• Prison sentences: Individuals found guilty of health and safety offences can face up to two years in prison, with a maximum of five years for particularly serious offences.
• Improvement or prohibition notices: The HSE or local authority can issue a notice ordering the individual or organisation to rectify any health and safety failings and take corrective actions.
• Compensation and costs: Those prosecuted may be ordered to pay for any damage caused, including compensation for injuries or damage resulting from the breach.
• Director disqualification: Company directors or self-employed individuals may be banned from running a company if found guilty of health and safety offences.

The HSE and local authorities take health and safety breaches seriously, and the consequences can be severe. It is important for individuals and organisations to understand their responsibilities and ensure compliance with health and safety laws to avoid prosecution and keep people safe.

Frequently asked questions