Why you and your business need to be very concerned over health and safety offences

There are now two key factors that you and your business must be aware of in terms of managing your risk of prosecution and substantial fines;

  1. The Health and Safety (Fees) Regulations 2012. Effective from 1st October 2012.
  2. Sentencing Council Definitive Guidelines for Health and Safety Offences, Corporate Manslaughter, and Food Safety and Hygiene Offences. Effective from 1st February 2016.

If prosecuted, and found guilty the fines imposed by the Courts on your business could be into the millions of pounds, with directors facing a custodial sentence in some situations.

In our extensive experience many businesses fall into the High Culpability rating as specified by the Sentencing Council during their daily operations, and are often unaware of their risk exposure until it is too late. The criteria for High Culpability of offence category are as follows;

  • Failing to put in place measures that are recognised standards in the industry.
  • Ignoring concerns raised by employees or others.
  • Failing to make appropriate changes following prior incident(s) exposing risks to health and safety.
  • Allowing breaches to subsist over a long period of time.

How much could your business be fined?

For a High Culpability offence for a large business the Starting Point figure is £2,4000,000 up to £10,000,000 + and for a small business the Starting Point figure is £250,000 up to £1000,000 +.

How Barrington Saunders Professional Services can help you and your business

Our dedicated team of qualified IOSH, IIRSM and OSHCR registered health and safety professionals have years of experience, and can successfully help you and your business in the following areas of health and safety management;

  • Provide guidance and strategies to reduce risk of exposure to health and safety prosecution.
  • Provide guidance and strategies to reduce risk of HSE fines under the HSE Fee For Intervention Scheme for material breach of health and safety law.
  • Provide guidance and strategies to reduce risk of accidents and injuries which can be disruptive and expensive.
  • Provide guidance and strategies for compliance with health and safety law.
  • Provide professional advice and support during any pre and post HSE or Local Authority health and safety inspection(s)
  • Provide professional support and advice if an Improvement or Prohibition Notice has been issued.
  • Provide health and safety policies and procedures that reflect statutory instruments, case law and recognised standards of industry best practice.
  • Provide assistance with Pre-Qualification Questionnaires for contracting and tendering.
  • Provide a Health and Safety Competent Person Service.
  • Provide professional support and advice in all areas of health and safety risk management.
  • Conduct evidence based risk assessments of your business to identify hazards and risks so that protective and preventative measures can be implemented to reduce risk of prosecution.
  • Formulate a business Risk Register.
  • Provide health and safety and risk management training to your key staff.
  • Provide a 7 day a week health and safety consultancy service to you and your business to give total peace of mind.

What you can do now

Keep up to date with case law, statutory instruments, best practice guidelines and weekly prosecutions by signing up to our Newsletter.
Speak to one of our health and safety professionals by calling 0208 2052771 in complete confidence.
Send us an email to Help@BarringtonSaunders.co.uk specifying what help you require and one of our team will contact you to help.

 

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Speak to an expert on 020 8205 2771
Email your enquiry to help@barringtonsaunders.co.uk