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
Twas the site before Christmas...
A rhyme for the industry and a thankyou to our supporters.
Plumbing and heating systems in schools
New apprentice pay rates coming into effect in the new year
Addressing the impact of recent national minimum wage changes.
EBSSA support for the new industry competence structure
The Engineering and Building Services Skills Authority, in working group 2.
Notes from BSRIA Sustainable Futures briefing
From carbon down to the all important customer: Redefining Retrofit for Net Zero Living.
Principal Designer: A New Opportunity for Architects
ACA launches a Principal Designer Register for architects.
A new government plan for housing and nature recovery
Exploring a new housing and infrastructure nature recovery framework.
Leveraging technology to enhance prospects for students
A case study on the significance of the Autodesk Revit certification.
Fundamental Review of Building Regulations Guidance
Announced during commons debate on the Grenfell Inquiry Phase 2 report.
CIAT responds to the updated National Planning Policy Framework
With key changes in the revised NPPF outlined.
Councils and communities highlighted for delivery of common-sense housing in planning overhaul
As government follows up with mandatory housing targets.
CIOB photographic competition final images revealed
Art of Building produces stunning images for another year.
HSE prosecutes company for putting workers at risk
Roofing company fined and its director sentenced.
Strategic restructure to transform industry competence
EBSSA becomes part of a new industry competence structure.
Major overhaul of planning committees proposed by government
Planning decisions set to be fast-tracked to tackle the housing crisis.
Industry Competence Steering Group restructure
ICSG transitions to the Industry Competence Committee (ICC) under the Building Safety Regulator (BSR).
Principal Contractor Competency Certification Scheme
CIOB PCCCS competence framework for Principal Contractors.
The CIAT Principal Designer register
Issues explained via a series of FAQs.