The Health and Safety Offences Act 2008

came into force on Friday, 16 January 2009.

This new Act will increase penalties and provide courts with greater sentencing powers for those who break health and safety law, and is being welcomed by the Chair of the Health and Safety Executive (HSE). What is the reason for this new legislation?

The Health and Safety (Offences) Act 2008 will increase penalties and provide courts with greater sentencing powers for those who flout health and safety legislation.

The Act raises the maximum penalties that can be imposed for breaching health and safety regulations in the lower courts from £5,000 to £20,000 and the range of offences for which an individual can be imprisoned has also been broadened.

The Act, which covers Great Britain and Northern Ireland, will come into force in January 2009.

The main points of the Act are;

• Increasing penalties and providing the Courts with greater sentencing powers has been Government and HSE policy since the publication of the Revitalising Health and Safety Strategy Statement in June 2000.
• The Health and Safety (Offences) Act 2008 was introduced as a Private Members Bill and piloted through the House of Commons by the Rt Hon Keith Hill MP and by the Rt Hon Lord Bruce Grocott in the House of Lords.

The effect of the Act is to:

a) raise the maximum fine which may be imposed in the lower courts to £20,000 for most health and safety offences;

b) make imprisonment an option for more health and safety offences in both the lower and higher courts;

c) make certain offences, which are currently triable only in the lower courts, triable in either the lower or higher courts.

The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2007

The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002 extend the reference to dangerous substances in section 1(1)(c) of the Health and Safety at Work etc. Act 1974 to include environmentally hazardous substances. The purpose of the 2002 Regulations is to enable regulations to be made under section 15 of the 1974 Act to implement the Directives referred to in regulation 2 of the 2002 Regulations.

Corporate Manslaughter and Corporate Homicide Act 2007

The Act creates a new statutory offence of corporate manslaughter which will replace the common law offence of manslaughter by gross negligence where corporations and similar entities are concerned. In Scotland the new offence will be called 'corporate homicide'.

An organisation will have committed the new offence if it:

• owes a duty of care to another person in defined circumstances and
• there is a management failure by its senior managers and
• it amounts to a gross breach of that duty resulting in a person's death.

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007

These Regulations impose requirements and prohibitions in relation to the carriage of dangerous goods by road and by rail and, in so far as they relate to safety advisers, by inland waterway. In doing so they implement certain Directives as respects Great Britain.

The Regulatory Reform (Fire Safety) Order 2005

Commencing 1st October.2006
This new regime of fire safety enforcement came into force on 1st October 2006 and effects employers and those who are responsible for, non-domestic, Industrial, commercial and residential premises. Self-employed people and the voluntary sector will also be brought within this regime.

The new Order simplifies, rationalises and consolidates existing fire safety legislation. It provides for a risk-based approach to fire safety allowing more efficient and effective enforcement by the fire and rescue service.

At the core of the legislation lies the fire risk assessment. This is an organised appraisal of your work activities and the workplace to enable you to identify potential fire hazards, and to decide who (including employees and visitors) might be in danger in the event of fire, and their location. You will then evaluate the risks arising from the hazards and decide whether the existing fire precautions are adequate, or whether more needs to be done.

The Work at Height Regulations 2005

came into force on 6 April 2005.
The Regulations apply to all work at height where there is a risk of a fall liable to cause personal injury.

They place duties on employers, the self-employed, and any person that controls the work of others (for example facilities managers or building owners who may contract others to work at height).

As part of the Regulations, duty holders must ensure:

• all work at height is properly planned and organised;
• those involved in work at height are competent;
• the risks from work at height are assessed and appropriate work equipment is selected and used;
• the risks from fragile surfaces are properly controlled; and
• equipment for work at height is properly inspected and maintained.