UK employer health and safety fines and liability: a practical guide

Short answer

In Great Britain, an employer must protect employees' health, safety and welfare at work, so far as reasonably practicable, and manage risks to other people affected by its work. A breach can lead to an enforcement notice or prosecution. A person need not be injured for a health and safety offence to occur: an unmanaged risk can be enough. 1974 Act, section 2 · 1974 Act, section 3 · HSE: criminal health and safety law

Which law does this cover?

This guide focuses on Great Britain (England, Scotland and Wales). The Health and Safety at Work etc. Act 1974 sets general employer duties there. Northern Ireland has a separate framework under the Health and Safety at Work (Northern Ireland) Order 1978; do not apply the sentencing discussion below to a Northern Ireland case without checking the relevant rules. HSE: criminal health and safety law · Northern Ireland Order 1978

Where does employer responsibility start?

Under section 2, employers must provide safe systems of work and the information, instruction, training and supervision needed to protect employees, so far as reasonably practicable. Section 3 extends the duty to people outside the workforce who may be affected by the business. 1974 Act, section 2 · 1974 Act, section 3

What can happen after a breach?

Depending on the facts, HSE or the relevant local authority may give advice, issue an improvement or prohibition notice, or prosecute. Failure to discharge a duty under sections 2–7, and breach of health and safety regulations, are offences under section 33. HSE: criminal health and safety law · 1974 Act, section 33

HSE says courts can impose unlimited fines, and custodial sentences can apply to individuals. A director or similar officer may also face prosecution where a company's offence occurred with that person's consent or connivance, or was attributable to their neglect. These are possible outcomes, not automatic penalties. HSE: how HSE regulates · HSE: leadership and legislation · 1974 Act, section 37

How is an organisation's fine assessed in England and Wales?

The Sentencing Council guideline first assesses culpability and the risk of harm. It then uses the organisation's turnover as a starting point and checks the proposed fine against its wider financial circumstances. The court can adjust the figure for case-specific factors. The guideline does not give every breach one fixed fine. Sentencing Council: organisations guideline

• Identify who could be harmed by each activity, including people outside the workforce. 1974 Act, section 2 · 1974 Act, section 3
• Put proportionate controls into practice; check that workers understand the instructions and have suitable supervision. 1974 Act, section 2
• Act on hazards and concerns promptly; the sentencing guideline treats ignored concerns and persistent failings as culpability factors. Sentencing Council: organisations guideline