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Important Changes to the Health and Safety (Offences) Act

The Health and Safety (Offences) Act came into force in January. This Act raises the maximum penalty that can be imposed for breaching health and safety law from £5,000 to £20,000 and broadens the range of offences for which someone can be imprisoned. The fines can be imposed even if an accident or incident has not occurred.

Previously, health & safety breaches normally resulted in a fine, but it is now possible for a custodial sentence to be imposed for most health and safety offences. The maximum term of imprisonment is two years, plus an unlimited fine.

Employees are more likely to be prosecuted under the new act if they haven’t taken reasonable care for the health and safety of themselves or other persons affected by their acts or omissions, or where they have not co-operated with their employers in health and safety matters. Also Directors, Managers and Officers can be prosecuted if they are deemed to be negligent

Health and safety offences reverse the burden of proof, placing the onus on the defendant to prove their innocence.

Now would be a good time to review your health and safety policies and procedures to ensure you are fully compliant. If you would like to find out more about this latest change in legislation, please complete an enquiry request.



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Your legal obligations

Five or more employees?

You need to have the following:
Written Health & Safety Policy
Recorded Risk Assessments
Recorded COSHH Assessments

Less than five employees?

Every company no matter how small is subject to Health & Safety laws, even the self employed.

Legal requirement policy services at Martyn Weeks Consultancy

It is also a legal requirement that you employ a competent person to be responsible for Health & Safety matters within your company. This person must ensure that you meet the necessary Health & Safety obligations. We can meet these obligations by acting as your competent person.

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