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#1 Posted : 12 June 2007 11:33:00(UTC)
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Posted By Descarte
A private member’s Bill aimed at increasing the penalties for H+S offences failed to get a second reading in the House of Commons due to a lack of support. The Bill was not given a government timeslot, and fewer than 40 MPs turned up to vote on it.

A floundering manslaughter bill, reductions in HSE prosecutions and few resulting in legal action of which fines barely represent the human costs involved, less than 40 MP's can even be bothered to turn up to vote to try to turn this tide.

The HSE looking at loosing 350 staff in saving over £5 this year what do spurilous businesses have to loose given the low risks involved and minimal consequences.

Is anyone including the HSE suprised that workplace fatalities are increasing?
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#2 Posted : 12 June 2007 14:18:00(UTC)
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Posted By Bob Shillabeer
Steady on now, the Government has enacted quite a lot of legislation relating to H&S at work, along with its committment to legislate only where there is a clear need is commendable but everything has its limits. There is a huge agenda to go through any Parliament so there is not time for it all. The Corp Manslaughter bill is having a rough ride but will hopefully become law soon. Remember this was a private members bill and as such was very specific. Like most private members bills it will never get past its first reading. There are other ways of getting law changed and this sort of stunt is mostly a publicity thing and nothing else. If the HSE felt the offences needed tougher penalties they would put it forward. As for cuts in the HSE, all organisations change its what they do with thier remaining resouces that counts.
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#3 Posted : 12 June 2007 14:36:00(UTC)
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Posted By DRB
Failure to comply with IN or PN = £20,000 (Mags Court) or unlimited (Crown Court).

Breach of sections HSWA 2-6 £20,000 (Mags Court) or unlimited (Crown Court)

Sections 36 and 37 5 years disqualification in Mags or 15 years disqualification in Crown.

Can someone explain why there needs to be greater sentencing powers. It seems to be that those currently in place should be more than adequate. The powers are already adequate. Is the enforcement and actual sentencing where the problem (if one exists) lay.
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#4 Posted : 12 June 2007 16:01:00(UTC)
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Posted By Descarte
Court of Appeal case of Howe

"The objective of prosecutions for health and safety offences in the workplace is to achieve a safe environment for those who work there and for other members of the public who may be affected. A fine needs to be large enough to bring that message home where the defendant company is a company not only to those who manage it but also to its shareholders."

"we accept that [the fine should not be so large enough to imperil the earnings of employees or create a risk of bankruptcy] there may be cases where the offences are so serious that the defendant ought not to be in business"

The average penatly per convition by the HSE in 2001 (I cant find any more recent stats) was just over £6000.
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#5 Posted : 12 June 2007 16:09:00(UTC)
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Posted By DRB
Descarte

Good case law but it doesn't change the fact that the sentencing powers are there. They are aren't used.

I wonder if the Sentencing Guidelines Council consider breaches of H&S law? If not perhaps they should
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