The warning comes as the new Health and Safety (Offences) Act 2009 comes into full force on the 16th January. With amendments to Section 33 of the Health and Safety at Work etc. Act 1974, magistrates will now have a new remit on sentencing for breaches of health and safety law and regulation which will enable them to impose fines of up to £20,000 and, if they wish, sentence convicted offenders to up to 2 years in prison.
“The new law adds a different dimension to the existing laws around work-related injury and fatality,” says David Jones, Marketing Director at CDM2007.org. “Where a subsequent investigation and eventual prosecution proves that there has been a breach of duty that could have been avoidable, individuals can no longer hide behind the corporation. Staff at all levels need to fully understand their role, their responsibilities and their duty of care to other people. Accidents will happen even in the most carefully controlled environments, but proof of competency will protect individuals should a case come to court.”
