20/02/2017
According to a report in the Financial Times, health and safety prosecutions for company directors trebled in the year 2015/16. 46 company directors and senior managers were prosecuted in the year up to 31st March 2016, up 15 on the previous year.
Many of the cases involved the construction industry.
This increase shows the increased determination of the HSE to prosecute senior members of organisations that commit health and safety breaches. This, alongside the new Sentencing Guidelines for Health and Safety, Corporate Manslaughter and Food Safety & Hygiene Offences has hit SMEs (with turnover of between £10 million and £50 million) very hard, with this group seeing fines taking a higher proportion of their turnover than any other sector.
Of those prosecuted over the period, 34 directors or senior managers were found guilty and 12 sentenced to prison (some with suspended sentences). When asked about the high number of prosecutions, the HSE told the FT,
“Prosecution of directors is intended to hold them to account for their failings.
“HSE’s policy is to prosecute directors when we have evidence that they have breached the law and when it is in the public interest; e.g. when the director/manager was personally responsible for matters relating to the offence.”
The need for senior managers and directors to diligently keep on top of health and safety risks
With the HSE appearing more willing to prosecute senior managers and directors of companies who commit health and safety breaches, coupled with the increased likelihood of a high fine and/or prison sentence under the Sentencing Guidelines, organisations need to step up their vigilance when it comes to health and safety risk assessment, policies and procedures. Fines are now regularly reaching the £1 million mark, even in cases where no fatalities or serious injuries have occurred. This can dramatically affect a company’s bottom-line, even sending some into administration.
Be Prepared
Businesses can protect themselves by staying up to date with health and safety regulations and engaging specialist consultants to audit their policies and procedure. If a health and safety incident occurs, it is imperative to organise an experienced emergency response team as quickly as possible to investigate the accident and advise you on the best course of action to take.
Fisher Scoggins Waters are a London based law firm who specialise in construction, manufacturing and engineering matters. If you have recently had a health and safety incident occur in your workplace and require legal advice, please phone us on 0207 993 6960. Or if you require help and information about health and safety risk assessment policies and procedures call Dr Louise Smail on 0161 445 7872.