Offences Under The Health and Safety At Work Etc. Act 1974
All offences under the Act are triable summarily in the Magistrates' Court. However, some offences are triable on indictment in the Crown Court by judge and jury. If the magistrates feel that the offence is so serious as to exceed their sentencing powers, they can send it to the Crown Court for trial of for sentencing. The accused has a right to opt for Crown Court trial. Some other offences are triable summarirly only. Either an individual or a corporation can be punished A corporation cannot be imprisoned, though an individual manager could be convicted if guilty of an offence.
The statutory offences and maximum penalties are:
| Section | Offence | Maximum sentence on summary conviction | Maximum sentence on indictment |
|---|---|---|---|
| S.33(1)(a) | Failing to discharge a duty under: S.2 – Ensuring the health safety and welfare of employees S.3 – Avoiding risks to the health and safety of non-employees S.4 – Ensuring the safety of premises used for work S.5 – Preventing emission of noxious of offensive substances into the atmosphere S.6 – Ensuring the safety of articles used at work |
£20,000 fine | Unlimited fine |
| Failing to discharge a duty under s.7 – Duty of employees to take care of safety | £400 fine | Unlimited fine | |
| S.33(1)(b) | Contravention of: S.8 – Intentionally or recklessly interfering with or misusing anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions. S.9 – Charging employees for provision of health and safety facilities. |
£400 fine | Unlimited fine |
| S.33(1)(c) | Contravention of any regulation | £400 fine | Unlimited fine |
| S.33(1)(d) | Failure of the Health and Safety Executive to hold an inquiry, or obstruction thereof, when directed by the Commission | Fine at Level 5 on the standard scale |
|
| S.33(1)(e) | Contravention of a requirement imposed by an inspector under s.20 | Fine at Level 5 on the standard scale |
|
| Contravention of a requirement imposed by an inspector under s.25 (situations of imminent danger) | £400 fine | Unlimited fine | |
| S.33(1)(f) | Preventing a person from appearing before an inspector | Fine at Level 5 on the standard scale |
|
| S.33(1)(g) | Contravening a requirement or prohibition imposed by an improvement or prohibition notice | Six months' imprisonment and £20,000 fine | Two years' imprisonment and unlimited fine |
| S.33(1)(h) | Intentionally obstructing an inspector | Fine at Level 5 on the standard scale |
|
| S.33(1)(i) | Contravention of a requirement in a s.27(1) notice | £400 fine | Unlimited fine |
| S.33(1)(j) | Unauthorised disclosure of information by an inspector | £400 fine | Unlimited fine |
| S.33(1)(k) | Knowingly or recklessly making a false statement to an inspector | £400 fine | Unlimited fine |
| S.33(1)(l) | Intentionally making a false entry in a document required to be kept, with intent to deceive | £400 fine | Unlimited fine |
| S.33(1)(m) | Forging, using or possessing a document required by statute, with intent to deceive | £400 fine | Unlimited fine |
| S.33(1)(n) | Pretending to be an inspector | Fine at Level 5 on the standard scale |
|
| S.33(1)(o) | Failing to comply with a s.42 court order | Six months' imprisonment and £20,000 fine | Two years' imprisonment and unlimited fine |
Further, for offences triable on indictment, up to two years' imprisonment may be imposed on a guilty individual where there is (s.33(4)):
- Failure to operate with a license required by a regulation;
- Breach of a condition of such a license;
- An explosives offence contrary to statutory requirements.
These penalties are maxima and guideline sentencing practice is published by the Sentencing Guidelines Council. However, when the Health and Safety (Offences) Act 2008, comes into force on 16 January 2009, fewer offences will be summary only and more will carry maximum sentences of imprisonment or £20,000 fines.
Courts in England and Wales are able to order convicted persons to pay the costs of their prosecution. In general, courts will only award a nominal sum, not the full economic cost. However, in the specific case of health and safety prosecution, the court will award the totality of prosecution costs against the offender.
The Regulatory Enforcement and Sanctions Act 2008 will give a Minister of the Crown the power to introduce, by Statutory Instrument, a system of fixed penalty notices for the section 33 offences.
Read more about this topic: Health And Safety Crime In The United Kingdom
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