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15.03.2010 The Cost of Non-Compliance

Cost of Non-Compliance:
 
HSE Inspectors have more powers than most policemen. They can enter premises without pre-warning, Talk to your employees, Examine and take away documents, articles and samples. They can take photographs. Stop operations and processes and even close down your business.
 
They can issue improvement notices and prohibition notices. They can prosecute.
The penalty for obstructing an HSE Inspector or ignoring any notices served is a possible £20,000 fine plus two years in prison.
 
Health and safety legislation comes under criminal law. In the lower courts the maximum punishment is £20,000 per regulation breached plus 2 year imprisonment.
In the higher court there is no maximum fine. (Unlimited).
 
YOU CANNOT INSURE AGAINST THESE FINES
 
If there has been an accident you may be served a liability claim by any injured parties. They are dealt with in the civil courts and awards are virtually unlimited.

Your (compulsory) employer’s liability insurance will cover this but your premiums will increase dramatically. Adverse publicity often follows these cases.
 
The Corporate Manslaughter Act is not Health and Safety Law but a clause within the Act clearly states that;-
 
In determining the extent to which an Employer is
responsible for a death in the workplace, the employer’s
Health & Safety management system will be reviewed and evaluated.
 
It has been ruled that if an employee is driving as part of his job or travelling to or from work then the vehicle is classed as his workplace and therefore road traffic accidents are included in and covered by the Act.
 
 
 
10 Examples of what health & safety law says you, as an Employer, must do;-
  • Take out Employer's Compulsory Liability Insurance
  • Display the H&S Law poster & give adequate information
  • Obtain competent assistance to ensure compliance
  • Have a documented Management System for Health & Safety
  • Carry out Risk Assessments and put in sensible controls
  • Provide safe systems of work, transport, storage, access etc
  • Provide free Health & safety Training for young people
  • Consult with your workers on Health & Safety
  • Report certain workplace accidents / diseases / near misses
Source: Health Matters (UK) Limited - Specialist Intermediary
 
If you have concerns in this area or relating questions please call us directly on 024 7651 6097.
 
 
Call us on 0800 988 0085
or enquire online