Prosecutions – Q&A

Throughout the past decade there has unquestionably been an increase in focus on Health and Safety law in the workplace. Under the Health and Safety at Work Act 1974 (“the Act”) all employers owe duties to ensure the health, safety and welfare of their employees and people who may visit their premises (non employees).

As an employer the Act imposes a duty of care on you and your business to, amongst other things:-

• Make the workplace safe;
• Prevent risks to health;
• Provide adequate first aid facilities;
• Set up emergency plans
• Prevent or control exposure to substances that may damage health.
• If you employ 5 or more people, to have risk assessments in relation to matters that may be hazardous to health

You may be the subject of a prosecution by the Health and Safety Executive or your Local Authority.

The type of work activity you undertake will determine which enforcing authority will be responsible for ensuring health and safety compliance.

The Act impacts upon a broad range of work activities, which includes any of the following:

• arranging an activity in a fairground
• an independent contractor undertaking work for certain construction jobs 
• office activities
• kitchen services, including restaurants
• the provision of permanent or temporary residential accommodation
• sale of goods
• the storage of goods for retail or wholesale redistribution
• Church worship or religious meetings

This is by no means a comprehensive list of the work activities that are required to comply with health and safety obligations. It is fair to say that most organisations are under a duty to protect their employees.

If you haven’t been the subject of a prosecution, it may just be around the corner. If you are wondering whether your business is compliant with the Health and Safety law then please contact us.

You should also be aware that Health and Safety Law imposes duties not only on organisations but also on directors, senior managers, manufacturers or owners of premises.

It is a criminal offence to breach the obligations contained within the ‘Health and Safety at Work Act 1974’ and the numerous supporting regulations.
If safety breaches within the workplace cause a death then those responsible may also face prosecution for individual gross negligence manslaughter or corporate manslaughter where the Defendant is an organisation.

Generally speaking, a prosecution will be pursued if one or more of the following have occurred:

• a breach of the legislation has caused a death
• there has been a reckless disregard of health and safety requirements
• work has been carried out without an appropriate licence

There are different types of penalties which could be imposed upon the Defendant, which include:

• a fine (which could also be imposed on an individual as mentioned above)
• imprisonment (although this is to be regarded as a last resort)
• an Order requiring the Defendant to take specified steps to rectify the breach
• a Disqualification Order

There may also be claims for compensation brought in the civil courts.

On top of this it is standard practice for the Courts to order convicted Defendants to pay the Prosecutions reasonable costs for investigating and prosecuting the case. It goes without saying that this procedure will be particularly costly.

The prosecution can have a wider impact on a business. The damage caused to a businesses reputation by a conviction can, in the long run, turn out to be more costly then the fine itself. If you are a small business and your business plan is to sell the company in the future then potential buyers will carefully inspect your safety record and this may impact on their decision to purchase your company.
 

Once an incident or accident has occurred it will be of the utmost importance to protect you and your business. Our knowledge and experience in dealing with Enforcement Authorities means that you would be in the most capable hands managing any potential investigation. All investigations into health and safety breaches are conducted in accordance with the Criminal Law, so specialist advice should be sought. Our solicitors will be able to present a case which will give you the best chance of avoiding any potentially serious prosecution. We will investigate the incident and determine whether its cause was a breach of any Health and Safety legislation and gather evidence so that a comprehensive case can be put forward on your behalf.

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