Health & Safety offences and breaches

Solicitors to defend Health & Safety criminal charges

We specialise in providing comprehensive legal representation for individuals and businesses facing health and safety (HSE) breaches. We are experienced in advising and assisting clients to navigate the complex legal landscape surrounding workplace safety and employee well-being.

Our Services Include:

• Criminal defence - defending clients against potential penalties, such as fines, imprisonment, or disqualification from acting as a company director as a result of criminal charges such as corporate manslaughter or breach of statutory duty.

• Defending civil court damages claims - which can include personal injury claims from injured employees or members of the public and/or property damage claims.

• Regulatory compliance - assisting clients in understanding and complying with HSE regulations

Criminal offences for Health & Safety breaches

In the UK, violating health and safety laws can constitute a criminal offence with severe potential consequences. Penalties vary based on the severity of the breach and can include:

• Fines - companies can face substantial fines, while individuals may be subject to smaller penalties.

• Imprisonment - individuals may be sentenced to up to 6 months in Magistrates' Courts or up to two years in the Crown Courts.

• Compensation - the convicted party may be required to pay compensation to injured individuals or their families.

• Remedial orders - the offender may be ordered to rectify the breach and improve safety measures.

• Director disqualification - the Company Directors Disqualification Act 1986 allows courts to disqualify company directors for health and safety offenses.

• Prosecution costs - the convicted party may be required to cover the prosecution's expenses.

Common Offences and Potential Sentences

• Corporate Manslaughter - a company can be convicted of corporate manslaughter if its senior management's conduct causes the death of an employee or member of the public under the Corporate Homicide Act 2007 and subject to an unlimited fine.

• Offences under the Health and Safety at Work Act 1974 - failure to comply with health and safety regulations, with potential unlimited fines.

• Offences under the Environmental Protection Act 1990 - endangering human health or the environment, with potential unlimited fines.

• Food Safety offences - Under the Food Safety Act 1990, producing or selling food that is unsafe for human consumption. Unlimited fines.

• Workplace Regulations - breaching specific regulations related to workplace safety, such as the Construction Design and Management Regulations (CDM) or the Control of Substances Hazardous to Health (COSHH) Regulations. Potential unlimited fines.

Factors Affecting Sentencing

Several factors can influence the severity of a sentence, including:

• The nature and severity of the offence

• The number of people affected

• The company's previous record

• The company's size and financial resources

• The steps taken to prevent future incidents

Beyond legal penalties, breaching health and safety laws can have significant negative impacts :-

• Reputational damage - negative publicity can harm a company's brand and customer trust.

• Tendering restrictions - a criminal conviction may disqualify a company from certain public sector tenders.

• Individual consequences - even without imprisonment, a criminal conviction can limit career opportunities and travel.

Enforcement and Prosecution

The Health and Safety Executive (HSE) or local authorities are responsible for enforcing health and safety regulations. They can take action against employers who fail to protect their workers and others from workplace hazards.

The Crown Prosecution Service (CPS) decides whether to prosecute cases referred to them by the police. While the CPS generally prioritises cases involving manslaughter or other serious crimes arising from work-related deaths, they may also prosecute other health and safety offences in certain circumstances.