The Health and Safety (Offences) Act 2008
Breaches in health and safety law could now land employers or their staff in prison, where previously they would have faced fines. The Health and Safety (Offences) Act 2008 came into effect in January 2009 and means that employees or their bosses could face up to two years in prison for failing to comply with legislation.
This applies to anyone who contributes to a health and safety offence, even if an accident or injury has not occurred. In other words, if someone behaves recklessly, and they have been properly trained, they could personally be prosecuted and given a custodial sentence. The reckless behaviour does not need to result in a serious incident, only the possibility of one. The same thing applies to anyone who fails to take proper care of other people's safety, including, for example, not carrying out a risk assessment or fire risk assessment.
The purpose of the law is to try to get employers to take its matters seriously. More than 200 people are killed every year in accidents at work, and many more are injured. The costs to businesses are huge. Even minor breaches of the rules now carry fines of up to £20,000, and whereas fines were previously related to specific serious breaches, people can now be fined for just about any offence.
The Act gives lower courts the power to impose higher fines for some offences, offering a real deterrent to those businesses and individuals that do not take their responsibilities seriously. Everyone has the right to work in an environment where risks to their safety are properly managed, and employers have a duty in law to deliver this.
The Act does not place any new duties on employers, and those following the law have nothing to fear. It is intended to target those few people who willfully ignore the regulations and put their staff or colleagues at risk by cutting corners or being careless.
--Safe2use
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
About the 5 Percent Club and its members
The 5% Club; a dynamic movement of employers committed to building and developing the workforce.
New Homes in New Ways at the Building Centre
Accelerating the supply of new homes with MMC.
Quality Planning for Micro and Small to Medium Sized Enterprises
A CIOB Academy Technical Information sheet.
A briefing on fall protection systems for designers
A legal requirement and an ethical must.
CIOB Ireland launches manifesto for 2024 General Election
A vision for a sustainable, high-quality built environment that benefits all members of society.
Local leaders gain new powers to support local high streets
High Street Rental Auctions to be introduced from December.
Infrastructure sector posts second gain for October
With a boost for housebuilder and commercial developer contract awards.
Sustainable construction design teams survey
Shaping the Future of Sustainable Design: Your Voice Matters.
COP29; impacts of construction and updates
Amid criticism, open letters and calls for reform.
The properties of conservation rooflights
Things to consider when choosing the right product.
Adapting to meet changing needs.
London Build: A festival of construction
Co-located with the London Build Fire & Security Expo.
Tasked with locating groups of 10,000 homes with opportunity.
Delivering radical reform in the UK energy market
What are the benefits, barriers and underlying principles.
Information Management Initiative IMI
Building sector-transforming capabilities in emerging technologies.
Recent study of UK households reveals chilling home truths
Poor insulation, EPC knowledge and lack of understanding as to what retrofit might offer.