ENFORCEMENT - 25.04.2016

The guidelines are game changers

What’s happening? On 1 February 2016 the Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline came into effect (see The next step ). As we stated in November 2015, these guidelines are designed to help the courts issue consistent sentences ( yr.14, iss.6, pg.1 , see The next step ). We also predicted that the guidelines were likely to lead to much greater fines.

Hit harder. Law firm Pinsent Masons LLP (PM) reviewed a number of high profile cases to which the guidelines were applied. The first was CononcoPhilips (UK) Limited (CP). It pleaded guilty to breaches of health and safety legislation following a series of uncontrolled and unexpected gas releases at one of its plants. Although no one was injured, the judge deemed the failing as a “Harm Category 1” incident. This means that there was a very real risk of loss of life.

How much? Previously, an incident such as this may have attracted a fine in the tens, possibly hundreds, of thousands of pounds. However, because the judge followed the guidelines, CP was fined £3 million. The level of fine reflects the seriousness of the offence and the organisation’s financial position. PM reviewed four other cases. Again, the companies were large and so were the fines - all £1 million plus. Although these huge fines will be reserved for companies with deep pockets, it’s likely that the guidelines will bring in tougher penalties all round. Judges will be looking at the “risk of harm” rather than “actual harm”. So if someone could have been killed or seriously injured, penalties will be severe. Culpability and financial standing will play a factor in the penalty you receive.

Tip. Focus your efforts on any potentially high-risk tasks, e.g. work at height, vehicle movements, etc. You need to be able to prove that you’ve assessed the risks and have taken reasonable steps to reduce them to an acceptable level. This process must be documented.

For a copy of the Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline and a previous article on the guidelines, visit http://tipsandadvice-healthandsafety.co.uk/download (HS 14.16.01).