One year on, the 2016 Health and Safety Sentencing Guidelines see an increase in fines, and a stronger focus on the risk of a custodial sentence
On 1st February 2016, new health and safety sentencing guidelines came into force, which have a significant impact on employers and individuals, who are now at risk of much tougher penalties, as a result of the new guidelines. These new, much stricter guidelines are designed to ensure that corporate entities are taking matters of health and safety seriously, and as a result of this there is now clear guidance on how serious breaches of health and safety should be dealt with. The guidelines direct courts to take a step-by-step approach to reaching their conclusions, based on the level of culpability, the level of harm and the overall size and turnover of the business. The fines can then have upward or downward adjustments made, based on aggravating or mitigating factors.
Now that the guidelines are in place, companies are more at risk of breaching health and safety even in cases where no actual harm has occurred. The sentencing is no longer outcome based, it is the potential risk of harm which arises from the alleged breach, which is now taken into consideration by the court, as well as the size of the business and the level of culpability.
In the last 12 months, there have been 19 fines of £1m or more, compared with three fines of £1m or more in 2015, and none in 2014.
How can businesses improve health and safety compliance in light of these new regulations and the increased risk of fines or sentencing?
Many companies are now proactively investing in health and safety training and are carrying out reviews of their policies and procedures to ensure that they are not at risk of breaching any health and safety requirements. Within any organisation, it is often the case that human error is one of the greatest factors of risk with regard to health and safety, and the employees themselves must know how to apply any training they are given in a way that is pertinent to their own specific job responsibilities.
One year on, IOSH and Osborne Clarke LLP have worked together to produce a report to see what impact the new guidelines have had. A copy of the report can be found here:
For further details on how RiskWise or the S2 Partnership can help with health and safety compliance and training, get in touch. We can meet with you to discuss your exact requirements and ensure your risk management plan has everything covered to ensure complete visibility of risk.