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JL  
#1 Posted : 11 July 2022 09:04:48(UTC)
Rank: Forum user
JL

Back in 2016 when the new H&S sentencing guidelines came into play, were we the first to implement the changes or did we follow on from how other countries manage H&S offences. (or are other countires looking to follow ) 

Does anyone have an example of the biggest fine so far given were no injury or accident occurred (based entirely on the potential for harm

A Kurdziel  
#2 Posted : 11 July 2022 09:38:24(UTC)
Rank: Super forum user
A Kurdziel

Different countries manage H&S in very different ways. In some countries,  companies cannot be held criminally liable only individuals. In some the main driver is not criminal sanctions but administrative penalties issued by the workplace compensation board.

Generally the UK does well on H&S ( especially the safety bit) but some of the Scandinavian countries do better overall. Level of fines can’t really be compared across systems. What I can say is that the fines in the UK have gone up significantly. When I started in remember a case where a local council  failed the manage the operation of a ride on lawnmower on a slope and the driver was killed when it rolled over. The case was heard at the magistrates court and the council pleaded guilty. The court decide that the maximum   fine available to them  of £20000 was insufficient and referred the case to the Crown Court. There the judge  decided that £20000 was perfectly adequate for a case where someone was killed and imposed that as the fine. That would not happen now- and that was only 20 years ago.

A Kurdziel  
#3 Posted : 12 July 2022 15:58:59(UTC)
Rank: Super forum user
A Kurdziel

Having finally woken up again I have revisited the question-“Does anyone have an example of the biggest fine so far given were no injury or accident occurred (based entirely on the potential for harm”

You can only be prosecuted for an actual breach the law. Usually the HSE would be called to the site if there was an accident, and they would try link it to some failure of a duty under legislation eg inadequate training or not suitable and sufficient risk assessment. HSE guidance makes it clear that they wood not prosecute simply because they felt that the  risk assessment was not good enough or that PPE was not being supplied, without an actual incident occurring. In that case they might issue an enforcement notice and if the corrective actions were not carried out then they might issue a fine. But there was clearly a breach of the law in that case not simply presenting the potential of an accident.

See https://www.hse.gov.uk/pubns/hse41.pdf for HSE policy

 

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