Health and Safety Law

The general duties and criminal offences of health and safety are contained within the Health and Safety at Work etc. Act (HSWA) 1974, sections 2-7.

These general duties are supplemented by a vast range of further health and safety Regulations created by subordinate legislation to the 1974 Act but also the further offences described in s.33(1)(b)-(o).

Beneath the Regulations are approved codes of practice (ACOP). Breaches of an applicable ACOP is evidence of a failure to comply with the requirements of applicable Regulations and/or the 1974 Act.

Detailed knowledge and understanding of the various duties and criminal offences created by health and safety legislation is essential to every business operating in England and Wales. Business organisations must be aware of their duties and the liabilities that may follow a breach of applicable duty.

Many offences are of strict liability in nature and the sentencing guidelines for health and safety offences are severe. The sentencing guidelines are designed to have real economic impact on any defendant and focus their highly prescriptive approach on business turnover, culpability and the risk of harm in placing the case in a category range before fixing the level of fine. Further, individuals can be subject to sentences of imprisonment whether as employers or self-employed persons.

The sentencing guidelines must be considered by any court dealing with a health and safety offence and apply to all organisations or offenders sentenced after 1^st February 2016 regardless of the date of offence.

The severity of the sentencing guidelines has brought a new emphasis for many corporates seeking earlier involvement of counsel to avoid prosecution before any relevant incident occurs and then to navigate the most successful path through any HSE investigation and subsequent criminal proceedings.