Penalties for health and safety offences to rise from January

The Act amends Section 33 of the Health and Safety at Work etc Act 1974.  Its effect is to:

- raise the maximum fine which may be imposed in the lower courts to £20,000 for most health and safety offences; 
- make imprisonment an option for more health and safety offences in both the lower and higher courts; 
- make certain offences, which are currently triable only in the lower courts, triable in either the lower or higher courts.

EEF was very active in seeking safeguards to ensure that imprisonment would be reserved for the most serious and flagrant breaches of health and safety law.  This pressure resulted in a commitment to produce detailed sentencing guidelines.  EEF will be working to ensure that the guidelines are clear and robust. 

Contrary to some rumours, the Act will not make it possible to prosecute a company and then simply imprison the directors if it is found guilty. For imprisonment to be an option, a prosecution would have to be taken against a named individual for failing to discharge their duty