HSE Prosecution
Breach of the general health and safety obligations owed by employers to employees in contravention of any regulations, requirements or prohibitions provided for, constitutes an offence. Breach of the other key health and safety duties on the part of other parties is an offence.
Contravention of requirements made by Inspector, obstruction of an inspector in the course of his functions, contravention of an improvement or prohibition notice, making of false or reckless statements, constitute offences. Schedule 3A to the legislation sets out the maximum penalties. Some duties including the general duties may be tried.
Several of the duties, including in particular the general duties, may be triable summarily with imprisonment of up to six months or fine, not exceeding £20,000 or both and for conviction on indictment, fine or up to two years imprisonment. Other offences are lesser or varying penalty tariff.
There is an extension of the general time limit for bringing proceedings summarily, where there is reports either a special report, inquiry or coroner’s inquest, into the incident concerned, there is generally a period of three months from such date to take.
Where the offence involves a failure to do something, the offence is continuous until that thing is done. The general time limit for commencement of summary proceedings is six months, from the date on which the matter comes to the knowledge of the responsible enforcing authority, evidence sufficient in its opinions to justify a prosecution. A certificate of the enforcing authority to this effect is conclusive evidence.
Where the commission of an offence under any provision is due to the act or default of some other person, that other person is guilty of an offence and may be charged and convicted, whether or not proceedings are taken against the first mentioned person.
Offences under the legislation generally must be instituted by an Inspector or by another party with the consent of the DPP. Inspectors may appear before a court of summary jurisdiction.
In proceedings for an offence under any of the health and safety legislation comprising failure to comply with a duty or requirement to do something insofar as reasonably practicable, it is for the accused to prove that it was not practicable or not reasonably practicable to do more than was in fact done, to satisfy the duty or requirement.
Where a person is convicted under any health and safety legislation, the court may in additional to any other penalty, order within such time as may be fixed, the person to take steps as to remedy the matter concerned. Time limit may be extended on application, subject to the court’s discretion.
Where the offences involve acquiring, possessing or using an explosive article or substance, the court may order it to be forfeited. The court should not order forfeiture, shall not order forfeiture unless the person who is owner or has an interest in it has been given an opportunity to be heard.
The general position is that breach of a duty imposed by health and safety regulation, shall insofar as it causes damage, is to be the subject of a civil suit by persons who so suffer damage and loss. This does not apply in respect of the general duties, in Articles 4 to 9. An agreement which purports to include or restrict the operations of the provision, giving general right to civil damages for breach of the legislation, is void.
There are provisions dealing with the application of the legislation to the police force. There is a provision limiting its application to persons employed in domestic household.
The Health and Safety Executive is to establish a medical advisory service for the purpose of securing government departments and others dealing with the health of employed persons, are adequately informed of matters they ought reasonably take cognizance of for the purpose of improving safety, and health of those persons at work, giving information, advice on health in relation to employment and training for employment;advising the Department in relation to health and safety at work.