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Further progress in relation to the Health and Safety (Offences) Bill	Friday, June 13, 2008
The Health and Safety (Offences) Bill was due to be considered again today by the House of Commons. This Bill contains provisions which will see a number of key changes in relation to the sentencing of health and safety offences. Further details in relation to the progress of this bill will be posted in due course.

Regulatory Enforcement and Sanctions Bill Considered by House of Lords

Tuesday, April 29, 2008

The Third Reading of the Regulatory Enforcement and Sanctions Bill took place yesterday in the House of Lords. This Bill forms part of the Government's Better Regulation policy agenda and its aim is to improve and simplify the way legislation is made and enforced by implementing many of the key recommendations made by the Macrory Review and the Hampton Review. One aspect of this policy is a general principle that enforcement should focus on where the risks are greatest.

OFT accuses 112 construction companies of rigging bids for contracts

Thursday, April 17, 2008

The Office of Fair Trading (OFT) has today issued a Statement of Objections against 112 firms in the construction sector accusing them of participating in bid rigging following its biggest investigation of cartel activity to date. Multi-million pound fines are expected to arise from the investigation, which began in 2004 after a complaint from an East Midlands council and quickly spread across England. The focus of the OFT’s investigation is on “cover pricing”, where companies place a high bid for work that they have no intention of winning so that they are not left off a client’s tender list. The cover price is fixed after consultation with another supplier. John Fingleton, the chief executive of the OFT, said: "Cartel activity of the type alleged today harms the economy by distorting competition and keeping prices artificially high. This investigation, together with the OFT's previous decisions in the roofing sector, will hopefully send out a strong message to the construction industry about the seriousness with which we view suspected anti-competitive behaviour. Businesses have no excuses for not knowing and abiding by the law." Any business found to be a member of a cartel could be fined up to 10 per cent of its worldwide turnover, but penalties are reduced for those who cooperate with an investigation.

HSE publishes latest construction industry figures

Tuesday, April 08, 2008

Information released yesterday by the Health and Safety Executive (HSE) suggest that around 69 construction workers were killed in 2007/08. These unvalidated figures point to a 10% improvement on the previous year’s figures but the HSE has warned the construction industry not to be complacent. HSE’s Chief Inspector of Construction Stephen Williams today said: "While it is encouraging that these unvalidated figures suggest that there has been a drop in deaths in the industry, there is absolutely no room for complacency. It is totally unacceptable that, once again, a significant number of lives have been lost and continue to be put at risk on construction sites. HSE will continue to take firm action against those who ignore safety precautions."

Introduction of Corporate Manslaughter and Corporate Homicide Act 2007

Monday, April 07, 2008

The Corporate Manslaughter and Corporate Homicide Act 2007 came into force yesterday. This Act is intended to make it easier to prosecute companies accused of causing death because of negligence. For the first time, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care. Under the new offence of corporate manslaughter, employers may face large fines if it is proved they failed to take proper safety precautions. The provisions of the Act allow fines of up to 10% of turnover, or more in the most serious cases. Justice Minister Maria Eagle said: "The law ensures improved justice for victims of corporate failures. We are sending out a very powerful deterrent message to those organisations which do not take their health and safety responsibilities seriously."

Merger of Health and Safety Commission and Health and Safety Executive Announced

Tuesday, April 01, 2008

The merger of the Health and Safety Commission (HSC) and the Health and Safety Executive (HSE) was confirmed today by the Health and Safety Minister Lord McKenzie. The merged body will be called the Health and Safety Executive and it will provide a single national regulatory body responsible for promoting the cause of better health and safety at work. Welcoming the merger, Lord McKenzie said: "The Health and Safety Commission and Health and Safety Executive have done an excellent job over the last 30 years in bringing about significant improvements to health and safety at work.”However, to face the challenges and demands of the changing world of work, now is the right time to merge the organisations into one which can provide a platform for further improvements to health and safety at work across Great Britain.” Judith Hackitt, Chair of the new Health and Safety Executive added “The new Health and Safety Executive will strengthen the importance of workplace health and safety in Great Britain. With a single regulatory body we will be able to strengthen the links between strategy and delivery in order to provide the accountability expected of a public body in today’s workplace climate.

Health and Safety Executive issues warning regarding falls from height

Wednesday, March 12, 2008

The Health and Safety Executive (HSE) has reiterated its warning to companies that the risk of falls from height in the workplace must be properly controlled, following the decision of the Court of Appeal to refuse an appeal against the imposition of a fine of £260,000 by Nottingham Crown Court in October 2007. This fine was imposed following a fatal accident on a construction site. The company involved was ordered to pay this fine and costs of £80,000 after pleading guilty to breaching Section 2 (1) and 3 (1) of the Health and Safety at Work etc Act 1974. HSE Head of Operations - Construction (Midlands), Rosi Edwards said: "The decision on whether to reduce fines and costs is a decision for the court. However we welcome todays decision as it serves as a strong reminder to the construction industry. Falls from height remain the most common kind of accident causing fatal injuries, with the latest figures showing that 23 workers died in the construction industry from a fall from height in 2006/07, with 987 employees suffering a major injury. Companies involved in building, refurbishment or maintenance should ensure that the work is planned properly and sensible measures taken so that workers are not exposed to unnecessary risk”.

Fines imposed in relation to fatalities see sharp rise

Friday, February 29, 2008

Information provided by Anne Maguire MP in a recent House of Commons debate confirmed that the level of fines imposed in respect of fatal construction accidents has more than doubled. In 2005-06, there were 21 convictions in relation to such fatalities, for which an average fine of £21,440 was imposed. The statistics available for 2006-07 showed that the number of convictions had risen to 33, whilst the average fine imposed had risen to £49,579.

Company fined £250,000 following work place fatality

Wednesday, February 20, 2008

Corus UK Ltd, trading as Corus Packaging Plus appeared before Swansea Crown Court on 19 February 2009 in respect of charges brought following an HSE investigation into the death of an employee. The company had entered guilty pleas at an earlier hearing in relation to breaches of Section 2(1) of the Health and Safety at Work Act 1974 and Regulation 11 of the Provision & Use of Work Equipment Regulations 1998. The sentence imposed by the Court consisted of fines totalling £250,000 and costs of £42,965. HSE inspector Alan Strawbridge said "Employers have a legal duty to ensure safe systems of work are in place to protect their staff and contractors, as well as anyone else who may be affected by their work operations. In this case, safe systems of working were not being actively enforced".

House of Commons debate Health and Safety at Work (Offences) Bill

Wednesday, February 06, 2008

On 1 February 2008 the House of Commons debated the Health and Safety at Work (Offences) Bill, a Bill which if passed is likely to result in higher fines in the Magistrates Courts, and prison sentences for offenders. The Bill will introduce provisions which will enable courts to pass sentences of up to 6 months imprisonment in the Magistrates Court (rising to 12 months when other legal changes are introduced), and 2 years in the Crown Court in respect of most health and safety offences. The Bill will also impact upon the maximum fine that may be imposed by the magistrates for breaches of health and safety regulations. This is currently capped at £5,000 but under the new Bill, this ceiling will rise to £20,000, putting it on an even keel with breaches of the general duties under the Health and Safety at Work Act 1974.

Record Fine imposed in relation to Packaging Waste Regulations

Monday, January 28, 2008

Western Wines Limited were sentenced recently at Shrewsbury Crown Court after pleading guilty to nine charges relating to the Producer Responsibility Obligations (Packaging Waste) Regulations. The sentence imposed by the Court consisted of a fine of £225,000, together with costs of £3,230 and compensation of £2,486 payable to the Environment Agency. This is the highest fine which has been imposed nationally in respect of any packaging offence. As a result of these breaches the company had avoided registration fees of £2,486 and recovery/recycling costs of £185,059. Consequently the heavy fine imposed by the Court was designed to eliminate this financial benefit, a decision which is in line with the penalty principles outlined in the Macrory report.

Company Director given Community Service

Wednesday, January 09, 2008

A case before Dewsbury Magistrates' Court provided an important reminder recently that in serious cases the powers of the courts are not restricted to financial sanctions. A diretor of Q Homes (Yorkshire) Ltd, pleaded guilty in relation to offences under section 2 and section 37(1) of the Health and Safety at Work etc Act 1974 following the death of a construction worker. The sentence imposed by the Court ordered the director to undertake 100 hours Community Service and to pay costs of £6,000. HSE Inspector Sarah Hague, who investigated the case, stated "The Court was of the opinion that, in this case, a fine would not have reflected the seriousness of the offence. The way in which the work was carried out, which resulted in the death, represented very serious failings".