Tough penalties are being imposed on companies found guilty of serious health and safety offences and corporate manslaughter.
The Sentencing Council published definitive guidance for sentencing corporate defendants of health and safety offences in November 2015. These guidelines came into effect in February 2016 with sliding scales for fines to be imposed according to a company’s ability to pay, and with sentencing guidelines for organisations found guilty of the following offences:
- Breaches of duty of employer towards employees and non-employees.
- Breaches of duty of self-employed to others under s33(1)(a) HSWA 1974 or ss2 and 3 of HSWA 1974.
- Breaches of Health and Safety regulations under section 33(1)(c), HSWA 1974).
In one, West Midlands granite supplier Graniteland Limited was fined £18,000 and its company director was ordered to complete 120 hours of unpaid work after a fatal incident on site. Employee Robert Czachracz was operating an overhead crane by pendant control, unpacking and moving 250kg granite slabs. When two slabs fell, he was crushed and died at the scene. Inspectors found no evidence of staff training in the safe operation of machinery, nor was the machinery subject to full safety inspections.
Another case saw the director of Norwich woodworking company Turners and Moore Limited given a four-month custodial sentence, suspended for two years, with the company fined £40,000 after exposing employees to harmful wood dust. Employers have a legal responsibility to prevent or adequately control exposure to wood dust in the workplace as it can cause serious and often irreversible health problems, including sino-nasal cancer, asthma and dermatitis.
Michelle Di Gioia, Health and Safety expert with Thames Valley law firm Gardner Leader solicitors said: “Cases such as these involve real human tragedy and the penalties are intended to have substantial economic impact on the company relative to their financial standing, or hold the directors themselves responsible which could mean a prison sentence.”
She added: “The bedrock of excellent health and safety is to have the right systems and policies in place, regularly reviewed and updated. Everyone from the top down needs to have best practice uppermost in their minds through continual reinforcement and updating, which will help avoid accidents in the first place, but also demonstrate processes are in place if the worst happens and any defence for criminal liability or negligence needs to be made.
“Conducting regular audits is a valuable approach – this can help identify non-compliance and the control measures needed to protect both workers and visitors, while ensuring compliance with legislation. This can be undertaken internally, but external auditors may provide a fresh eye that can be invaluable in spotting issues.”
According to the Health and Safety Executive (HSE) in 2023, fatal workplace injuries rose by 10% in the previous year. The HSE pinpoints five key target areas for employers to zone in on when drawing up a risk management strategy and has templates to aid the process:
- Identify hazards
- Assess risks
- Control risks
- Record findings
- Review policies