New laws introduced in January of this year mean that small business owners who are in breach of health and safety restrictions could find themselves in prison.

 

It is believed that many small companies are still in ignorance of the new measures which have received little media attention since even before their introduction, when they were passed through Parliament in October of last year.

 

The changes to the law don’t create any new offences, but do increase the maximum penalties if a company is caught in violation of these restrictions. A court could even now use a prison sentence if health and safety codes are not enforced in your workplace.

 

Concern Over Lack Of Awareness

 

Ron Reid, partner and compliance specialist at national law firm Shoosmiths has said: “unlike the Corporate Manslaughter and Corporate Homicide Act, which was heavily publicised and much debated, this new act has crept through most unnoticed, but imposes much more significant personal liability.

 

“There is no personal liability under the Corporate Manslaughter legislation.

 

“While this will not apply retrospectively, businesses should ensure that both senior management and employees are aware of these significant changes.

 

“There is already a trend towards more personal prosecution by health and safety authorities, which individuals ignore at their peril.”

 

What Power Exactly Do The Courts Have Now?

 

If a Magistrates court finds your business guilty of certain common offences of the Health and Safety Act, you could be looking at 12 months in prison and up to a £20,000 penalty. If convicted in a Crown court, this could be increased to up to two years in prison.

 

Be aware that as a small business, the most common breaches of the Health and Safety at Work Act 1974 are infringements of sections 2, 3, 7, and 37. These are all punishable by financial penalties.

 

 

What Do You Think

 

Were you aware that you could now be imprisoned for violations of the Health and Safety Act? Has enough been done to make businesses aware of the changes? Have you been caught out because you didn’t know? What do you advise other small businesses to do? Leave your comments here.

Bookmark Us
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • Reddit
  • StumbleUpon
  • TwitThis

Our Random Articles

More Links