Health And Safety Legislation

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Recommended: Current health and safety legislation, policy and procedure

Complying with Health and Safety Legislation
A breach of Health and Safety Regulations is a criminal offence and can result in the Company, or an individual manager, being prosecuted by the appropriate Health and Safety enforcement authority and if found guilty being fined or imprisoned. Each breach can incur a fine of up to £20,000; deliberately breaking the law, or by being seriously negligent in carrying out legal duties that result in lives being endangered, can lead to unlimited fines and/or imprisonment. The enforcing authorities are either Health and Safety Executive (HSE) Health and Safety Inspectors or local authority Environmental Health Officers.
A breach to Health and Safety law occurs either when:
• A person is put at risk of …show more content…

forklifts)
• Not ensuring that the plant is appropriately guarded to eliminate or minimise exposure of workers to moving parts
• Failing to have safe work method statements in place for work carried out in or near a confined space
• Not notifying workplace Health and Safety when a notifiable serious injury or illness occurs at your workplace
If you do not fulfill your duties or obligations, you are in breach of the Work Health and Safety Act 2011 and could be prosecuted.
Categories of offences
There are three categories of offences relating to failing to comply with Health and Safety Legislation, these depend on the seriousness of the offense.
Category 1 – This is the highest penalty under the Work Health and Safety Act (Category 1 offense). These are the most serious breaches which usually involves a duty holder recklessly endangering a person to risk of death or serious injury. This can result in:
• Corporation – up to £3 million fine
• An individual as a person conducting a business – up to £600,000/5 years’ jail
• Individual (e.g. worker) – up to £300,000/5 years’ jail
Category 2 – failure to comply with a Health and Safety duty that exposes a person to a risk of death, serious injury or …show more content…

Further, it makes sense that a safe workforce is happier and thus more productive. Clearly, however, such a system requires an effective enforcement

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