Penalties for Health & Safety Offences

The Health & Safety at Work, etc., Act 1974, Section 33 9 as amended) sets out the offences and maximum penalties, under Health & Safety Legislation, as follows: -

Failure to comply with an Improvement, or Prohibition, Notice, or a Court Remedy Order (Issued under the HASAW Act Sections 21, 22 and 42 respectively): -

- Lower Court Maximum - £ 20,000 and/or 6 months' imprisonment

- Higher Court Maximum - Unlimited fine and/or 2 years' imprisonment

Breaches of Sections 2 - 6 of the HASAW Act, which set out the general duties of employers, self-employed persons, manufacturers and suppliers, to safeguard the health and safty of workers and members of the public, who may be affected by work activities: -

- Lower Court Maximum - £ 20,000

- Higher Court Maximum - Unlimited fine

Other breaches of the HASAW Act and breaches of 'Relevant Statutory Provisions' under the Act, which include all health and safety regulations. These impose both general and more specific requirements, such as requirements to carry out a suitable and sufficient risk assessment, to to provide suitable personal protrective equipment: -

- Lower Court Maximum - £ 5,000

- Upper Court Maximum - Unlimited fine

- Contravening Licence Requirements, or Provisions relating to Explosives: -

Licensing requirements apply to nuclear installations, asbestos removal and storage and manufacture of explosives. All entail serious hazards, which must be rigorously controlled: -

- Lower Court Maximum - £ 5,000

Higher Court Maximum - Unlimited fine and/or 2 years imprisonment.

On Conviction of Directors, for indictable offences, in connection with the management of a company (all of the above, by virtue of the HASAW Act Sections 36 and 37), the courts may also make a Disqualification Order (Company Directors Disqualification Act 1986, Sections 1 and 2). The courts have exercised this power, following Health and Safety convictions. Health & Safety Inspectors draw this power to the court's attention, whenever appropriate: -

- Lower Court Maximum - 5 years' disqualification

- Higher Court Maximum - 15 years' disqualification.

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