New Health & Safety Offences Act 2009

Important Changes to the Health and Safety Act
The Health and Safety (Offences) Act came into force in January 2009. 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.

Previously, imprisonment was a rarely imposed penalty and only for very few offences, but it is now possible for most health and safety offences. The maximum term of imprisonment is two years, plus an unlimited fine. Employees can now be prosecuted 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. And individual directors, managers and officers can be prosecuted where a failure can be attributed to their neglect, consent or connivance.

It is worth remembering that health and safety offences reverse the burden of proof, placing the onus on the defendant to prove their innocence. This may well be subject to a challenge under human rights legislation but stands for the time being.