Health and Safety Offences Act: probably not a new era

The Act takes effect today, raising the level of potential fines in magistrates courts for offences under most health and safety regulations from £5000 to £20,000 and giving magistrates the option of imprisonment for some breaches, see here

IOSH have put out a press release describing it as a "momentous day" and there was even some coverage in the national news. I'd like to agree with IOSH but I'm more cautious.

We all want bigger penalties for employers who are negligent, but most lawyers we talked to when the Act was passed reckon it might have the opposite effect. Faced with a serious offence, most magistrates have till now passed it up to a higher court which could fine far higher than the £5000 ceiling they had to operate under for any charge other than one brought under the Health and Safety at Work Act.

The higher courts often doled out penalties above the magistrates' new £20,000 limit. Which means if the magistrates feel their new powers mean they don't need to had as many cases over, the average fine could drop, even if they go for the maximum they are allowed.

We'll see.

Louis