Posted By Ciaran O'Connor Bill, Depends. Could first of all be subject to improvement (for contravention of statute) or prohibition notice (risk of serious injury) from the enforcing body (HSE/Local Council etc...). It depends on the circumstances. A court can be used to order you to remedy the situation if you do not comply with improvement or prohibition notices under section 42 of the Act. Criminal prosecution in a Magistrates court could be fines of up to £20000 for breaches of the Act and/or 6 months imprisonment. In the crown court (seriousness of offence) could be up to 2 years imprisonment and/or unlimited fines. This is roughly the position as I understand it. I hope this is of help.

Posted By Ciaran O'Connor Please disregard what Tony has contributed I am afraid he is in error as the following cases prove. The HSE weblinks are provided as proof. I hope these are of help. MAGISTRATES COURT (Fines/imprisonment under section 2) http://www.hse.gov.uk/press/2006/e06029.htm The maximum penalty in the Magistrates’ Court for a single offence of breaching Section 2 of HSWA is a fine of up to £20,000. It is open to Magistrates to commit cases for trial or sentencing to the Crown Court. Full case available at… http://www.hse.gov.uk/press/2006/e06029.htm In January 1996 the courts imposed their first immediate prison sentence for a health and safety offence, when the owner of a demolition company was jailed for three months, with £4000 costs, for breaches of the Asbestos (Licensing) Regulations 1983 and the Control of Asbestos at Work Regulations 1987. Full text available at… http://www.hse.gov.uk/annrep.pdf CROWN COURT (Fines/imprisonment under section 2) ConocoPhillips Limited was today fined a total of £895,000 and ordered to pay £218,854 costs at Grimsby Crown Court, after pleading guilty to breaching health and safety legislation at an earlier hearing. The case follows an investigation by the Health and Safety Executive (HSE) into two incidents: a fire and explosion at the Humber Refinery, South Killingholme, North Lincolnshire on 16 April 2001 and a release of liquefied petroleum gas (LPG) at the Immingham Pipeline Centre, Immingham Dock, on 27 September 2001. g) Section 2(1) of the Health and Safety at Work etc Act 1974 in that between 26 and 29 September 2001 at the Immingham Pipeline Centre the company did not ensure, so far as was reasonably practicable, the health, safety and welfare at work of all of its employees. This charge followed a release of liquefied petroleum gas (LPG) at the centre on 27 September 2001 while employees were engaged in the sampling of LPG fuel from road tankers Full case available at… http://www.hse.gov.uk/press/2005/e05089.htm A managing director was today sentenced to a 16-month custodial sentence following a prosecution brought by the Crown Prosecution Service (CPS). The case, heard at Manchester Crown Court, followed a police led, joint investigation with the Health and Safety Executive (HSE) into the death of Mr Daryl Arnold on 11 June 2003. 4. The breach of Section 2 of HSWA by Mr Harper was brought against him by virtue of Section 37 of the Health and Safety at Work etc Act. Mr Harper was the sole Director of Harper Building Contractors Ltd. Section 37 of HSWA states: “Where a ‘body corporate’ commits a health and safety offence, and the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, then that person (as well as the body corporate) is liable to be proceeded against and punished”. Full case available at… http://www.hse.gov.uk/press/2005/e05003.htm

Posted By Martyn Hendrie As I understand it there are three types of offence that can carry a prison sentence under HASAWA. Doing something that requires a licence and not having that licence (e.g. working with asbestos); Failure to comply with a Prohibition Notice; and as already mentioned failure to comply with a court order. Manslaughter charges are not health and safety offences and are dealt with by the police and crown prosecution service NOT the HSE (although they work closely together)

Posted By Ciaran O'Connor DJ, In Northern Ireland (Health and Safety at Work Order (1978), there is no section 37, directors responsibilites etc... Yet people are still jailed for breaches of section 2 and section 4 duties, even in the absence of a fatality. I do not understand the confusion here. It's black and white. Regards, Ciaran