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Evidence that HSE is becoming stricter


The latest statistics from the Health & Safety Executive show that the number of directors and managers prosecuted has more than doubled and the size of fines is rising sharply


It is not BIFA’s role to advise Members on how to comply with Health and Safety legislation, but we will advise when clear trends emerge. There is evidence emerging that the Health and Safety Executive (HSE) is becoming more likely to prosecute directors and managers, and the levels of fines are increasing. The latest statistics from the HSE show that the


number of directors and managers prosecuted has more than doubled, whilst the number of employees prosecuted has declined. Section 37(1) Health & Safety at Work Act 1974 (HSWA) allows managers and officers to be personally prosecuted for offences committed by the body corporate, when it is proved that the offence was committed with their consent or connivance, or attributable to any neglect on their part. Directors can also be charged for breaching other regulations and sections of the HSWA. The HSE is displaying a greater willingness to


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bring personal prosecutions against those in control of businesses. In 2015 to 2016, 46 directors and managers were prosecuted under Section 37, whilst the prosecutions of employees fell to just one.


Prosecutions Of the 46 prosecutions, 34 directors were convicted, one was found not guilty and no evidence was offered against the remaining 11. Of the 34 convictions, 12 were given prison sentences, the longest being two years. Two were disqualified from being directors, one for two years and the other for 10 years. The HSE is willing to prosecute and hold accountable the most senior individuals within an organisation, ignoring more junior colleagues who were more culpable. Also, the increased use of custodial sentences is a worrying development. As in almost every other business


discipline, the health and safety culture can only be improved if the board provides the necessary leadership. Whilst being aware of their health and safety responsibilities, complacency does creep in and there is a lack of preparedness to deal with a major incident.


In February 2016, changes to sentencing guidelines increased the level of fines that could be imposed for breaches of health and safety legislation. Prosecution data from the HSE showed an 80% increase in fines from 2015/16 to 2016/17. This was the first year in which the new sentencing guidelines were in full effect. Whilst the total fines increased, the number of prosecutions brought by the HSE was reduced to its lowest level for five years.


Conclusion


The only conclusion, as supported by official figures, is that the level of fines increased. Some of the headline-making prosecutions included one where an organisation was fined £5 million, contrasting with the single largest fine in 2014/15 of £750,000. More interesting was the level of average fine, which increased from £29,000 in 2014/15 (the last full year under the old guidelines) to £128,000 in 2016/17. Transport and related industries often appear


in the top five of dangerous industries, and given this tougher stance backed up higher fines, it would be prudent to review existing health and safety procedures, particularly relative to the responsibilities of senior managers and ensuring that procedures are adhered to.


June 2018


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