Targeted Enforcement Improves Health and Safety
The Health and Safety Executive (HSE) has published its sixth annual Offences and Penalties Report 2004/5. The web only publication can be accessed at: www.hse.gov.uk/enforce/off0405/index.htm
The Health and Safety Executive is increasing its resources, to assist the Police in manslaughter investigations, it is revealed in its Offences and Penalties Report 2004/5.
HSE’s Acting Chief Executive Justin McCracken said, “We estimate that this is taking up about 10% of our investigation and enforcement resource. We believe that this is the right and appropriate use of resources.
Firm, properly targeted and proportionate enforcement underpins the action we need to take to deliver the HSC’s health and safety strategy published in 2004. Our powers to take enforcement action amplify all that we do to deliver a sustainable, long-term reduction in occupational injury and ill health.
This year’s figures show we have prosecuted in fewer cases and served fewer notices than in previous years. We have identified two major factors behind the drop. One is the steady decline in the number of accidents and ill health reported to us, the other is our better targeting of resources to investigation. We are investigating fewer incidents, but a greater proportion of these are leading to prosecution”.
In 2004/2005:
| • | HSE brought 712 prosecutions securing convictions in 95% of cases; and |
| • | HSE served 8,445 enforcement notices. |
The average fine per case rose to £18,765 from £14,303 in 2003/2004. Average fines from higher courts, per offence prosecuted, rose to £46,388 from £32,216 in 2003/2004 and average fines in the lower courts rose to £4,767 from £4,052 the previous year.
Justin McCracken continued, “We are pleased to see that the courts are prepared to impose larger fines but they still do not always fully reflect the seriousness of these criminal offences.
The case studies contained within the report remind us why HSE’s work is so important. And why no one should be in any doubt that, where appropriate, we will take enforcement action.”
PENINSULA COMMENT
The report, whilst showing what appears to be a drop in offences and prosecutions, gives a clear warning to employers who continue to ignore or under-rate the importance of dealing with workplace health and safety issues in a proactive and responsible way.
The Enforcing Authorities are and will take a harder line on those employers who are not complying with the Duty of Care imposed upon them by health and safety legislation.
The Bottom Line frequently features the details of prosecutions that have taken place where an employer or employee has been found guilty of contravening health and safety law. Whilst the sentences imposed can be construed as having a “scare” effect, it is the reasons for the prosecutions and the summing up of the Judges and Enforcement Officers that should have the most impact. They clearly show how both the spirit and the letter of the law are interpreted by the courts and the Enforcing Authorities.
Employers, Line Managers and others who have responsibility for employee and workplace safety should compare their own workplace safety standards with the summing up of the Judges and Enforcement Officers. Any shortfall in workplace safety standards can lead to a successful prosecution and should be dealt with before things go wrong – PREVENTION IS BETTER THAN CURE!
The Health and Safety Consultancy Services and documentation provided by Peninsula are intended to identify the legislative impact upon our clients undertakings. Proactive use of the services and documentation can and does help to identify shortfalls in compliance and the action that needs to be taken to put them right. Used properly our services will help to prevent unnecessary accidents and enforcement action.