UK Health and Safety Fines
Sentencing Guidelines: Impact on Health and Safety Offences
In February 2016, England implemented the Sentencing Council’s Definitive Guideline for Health and Safety Offences, Corporate Manslaughter, and Food Safety and Hygiene Offences, commonly known as the "Sentencing Guidelines." These guidelines provided courts with clearer directives for sentencing both individuals and organizations, linking UK Health and Safety fines to a business's annual turnover.
Unlike previous guidelines, which were restricted and capped, the new approach allows for fines that correlate with the annual turnover, meaning larger organizations face higher fines. The rationale behind this change is to ensure that penalties have a real economic impact, impressing upon management and shareholders the imperative of complying with health and safety legislation (IOSH, 2018).
Instead of solely focusing on actual harm or loss, courts now consider the potential risk of harm when determining fines. For instance, if an incident could have resulted in a fatality, the courts will assess the fine based on this highest level of risk. Moreover, the court evaluates the organization's cooperation during investigations and the actions taken to mitigate risks.
Implications for Businesses
The overarching message is that compliance with health and safety regulations is paramount for all businesses, regardless of size. Here are the key areas that businesses should focus on to ensure statutory compliance:
Leadership
- Health and safety should be integrated into strategic management, with dedicated budget and resources.
- Appointing a senior manager as a health and safety champion demonstrates commitment.
- All senior management must understand their role and responsibilities regarding health and safety.
Management
- Managers should receive adequate training and support to supervise workers effectively.
- Undertaking monitoring and inspections reinforces the message that health and safety is a priority.
Worker Involvement
- Workers should receive proper training on hazards, risks, and control measures.
- Involving workers in health and safety consultations fosters a positive safety culture.
Continuous Improvement
- Regular review of monitoring, investigation, and audit findings is essential for identifying and addressing issues.
- Attention to developing trends such as absenteeism or accident rates helps maintain safety standards.
In conclusion, while health and safety fines have influenced organizations by decreasing prosecutions but increasing larger fines, the emphasis remains on all organizations to prioritize health and safety at all levels. The prospect of significant fines should serve as a deterrent, but ultimately, safeguarding the health and welfare of workers and the public should be the foremost concern.
