Legal Enforcement

To ensure that work activities do not cause injury or illness to those they affect, there is legislation available that outlines the general duties for both employers and employees.

The main item giving these duties is the Health and Safety at Work etc Act 1974 (HSWA). These duties are expanded and given detail in various items of subordinate regulations.

For practical purposes, responsibility for the health and safety implications of work activity and employee welfare relating to work rests with the employer. The law also imposes duties for those in control of non-domestic premises used as either a place of work or where people may use plant, or substances provided for their use.  Duties are also imposed on designers, suppliers, importers and manufacturers of articles and substances used at work, and employees.

Penalties

The penalties for breach of these criminal duties include fines and/or imprisonment, which cannot be insured against. The maximum penalties for nearly all offences under The Health and Safety at Work etc Act and under Health and Safety Regulations range between maxima of £20,000 for each offence and six months imprisonment and for prosecutions heard n the Magistrates Court. In the Crown Court, the maximum penalty is an unlimited fine and two years imprisonment.

Barbour EHS has put together a comprehensive range of information about your legal liabilities and corporate responsibilities which you can find out more about by clicking below:

Corporate Social Responsibility

Read a definition of Corporate Social Responsibility (CSR), and how it affects you

Legal Duties and Liabilities

A definition of legal duties and liabilities that are covered under the HSWA

Corporate Manslaughter

Learn about Corporate Manslaughter and if you are liable to be prosecuted