Tag Archives: health and safety management

2016 Sentencing Guidelines Update

On the 1st of February 2016, the new Sentencing Guidelines for corporate manslaughter, health & safety, food hygiene and food safety offenses came into effect. The introduction of the guidelines from the Sentencing Council is undoubtedly going to lead to increased fines being imposed on organisations, and increased custodial sentences for individuals. It is important to note that the guidelines will only apply to England and Wales, however there is no reason to doubt that the Scottish courts will follow the same principles.

The main objective is to ensure a consistent approach is being taken by the Crown Prosecution Service (CPS) when handing down sentences, and will take into account the level of culpability, the risk of harm, and the turnover of the organisation being sentenced. These three points will be the basis for the CPS’s starting point for determining fines and custodial sentences appropriate to the offence.

In order to determine culpability, harm and turnover, defined categories have been developed on a matrix system and can be found via this link – Sentencing Guidelines.

Micro-organisations

Micro-organisations (those with a turnover of up to £2 million) could face fines of up to £450,000 for serious health and safety breaches, or up to £800,000 for corporate manslaughter.

Small organisations

Small organisations (those with a turnover of £2 million – £10 million) could face fines of up to £1.6 million for serious health and safety breaches, or up to £2.8 million for corporate manslaughter.

Medium organisations

Medium organisations (those with a turnover of £10 million – £50 million) could face fines of up to £4 million for serious health and safety breaches, or up to £7.5 million for corporate manslaughter.

Large organisations

Large organisations (those with a turnover of £50 million or more) could face fines of up to £10 million for serious health and safety breaches, or up to £20 million for corporate manslaughter.

What is very disappointing is that ‘Very Large’ organisations have not been defined in the guidelines, which only go on to say: “Where an offending organisation’s turnover or equivalent very greatly exceeds the threshold for large organisations, it may be necessary to move outside the suggested range to achieve a proportionate sentence.” This could be described as a missed opportunity, as there are a significant number of organisations in the UK which could fit this description.

The liability for individuals has been well defined and holds the potential for custodial sentences of up to two years being imposed.

Ironically, there have already been inconsistencies with how the guidelines have been applied since they came into effect, which was the very problem they were meant to alleviate; and the legal issues surrounding each of the above points (turnover/culpability/likelihood of harm) have been subject to considerable debate within the courts.

What is clear is that the level of fines and potential for custodial sentences is much greater, and will continue to rise over the coming months and years as the courts build their confidence in using the new guidelines.

Notwithstanding the existing requirement for your organisation to remain compliant with health and safety legislation, the new sentencing guidelines increase the risks of more serious prosecutions.

How compliant is your organisation? To find out more about how we can help, call us on 0141 244 0181 or e-mail info@amalgamate-safety.com.

Inactivity – We can’t keep sitting still

We have become an immobile nation. On average, workers in the UK spend 60% of their waking hours sitting down – and if they’re office-based, this can rise to as much as 75%.

Official government data shows that 29% of people in England are classed as physically inactive, meaning that they do less than 30 minutes of moderate intensity activity in total per week, even though that can be split into three 10 minute sets. And sadly the statistics are likely to be similar throughout the whole of the UK. We really are sitting still – and the effects of this inactivity are huge, and include an increased risk of diabetes, cancer, high blood pressure, heart disease and premature death. It is the fourth largest cause of disease and disability, and directly contributes to one in six deaths in the UK – making it as dangerous as smoking.

The health repercussions of this are felt throughout the business world – sickness absence is estimated to cost UK businesses the vast sum of £27 billion per year – and inactivity is a large and combatable contributor to this.

It is vital that business leaders take a more pro-active role in providing opportunities and encouragement for their employees to be more active at work. Employee wellbeing needs to become a fundamental part of business, with a strong focus on increasing activity levels and improving health.

Progressive companies are introducing a wide range of incentives, including lunch-time yoga classes, increased use of standing workstations, balance boards, or exercise balls available to use instead of chairs, personalised activity plans, and even offering vouchers for shoes for people who walk to work. There are plenty of changes, small and large, that can be made – you just need to figure out what will work best for your team. These types of preventative actions lead to increased wellbeing and therefore reduced absence rates, and studies have also shown that they can also improve work productivity, efficiency, and satisfaction.

We can help you to take care of your team by providing:

DSE assessments to ensure that workstations allow staff to move dynamically
a range of sports and remedial assessments
on-site massages
advice on developing strategies to increase opportunities for movement

For help with creating or developing your company’s employee wellbeing programs and moving towards a healthier future, , click here to read further details of our Health and Wellbeing services and contact us on 0141 244 0181 or email info@amalgamate-safety.com.

New H&S Sentencing Guidelines – Are you ready?

New Sentencing Guidelines come into effect in February 2016. Is your business ready?

The Sentencing Council’s new guidelines aim to ensure a consistent approach to health and safety, corporate manslaughter, and food safety and hygiene cases, and will lead to a more severe response to these cases, and potentially higher fines.

Company directors who are found guilty of “consent, connivance or neglect” in relation to an offence could face unlimited fines, as well as up to 2 years in prison.

Serious health and safety breaches could result in fines exceeding £10million, and corporate manslaughter cases could exceed £20million.

Different fine ranges will apply depending on the size of the organisation. However it’s entirely possible that the fines could be of sufficient size to put a company out of business, which may be decided to be an acceptable consequence, if the offence is severe enough.

When a fine is being decided, the court will consider the overall seriousness of the offence based on the offender’s culpability and the risk of serious harm, even if no harm was actually caused. They will also take into account various factors including, amongst others, whether the business has:

any previous convictions
taken action to improve the situation
co-operated with the investigation
a history of relevant offences
committed the offence for the purpose of financial gain.

It is clear that the regulatory authorities expect companies to take positive action, and really prioritise health and safety issues. And although the guidelines will apply only to England and Wales, health and safety law is generally consistent across the UK, so it’s likely that Scotland will follow suit and implement tougher fines.

This news is a timely reminder to ensure that your business is compliant with all the relevant Health and Safety legislation, and that your H&S management systems are truly effective. Taking action now could protect the financial standing of your business.

To find out more about how we can help, call us on 0141 244 0181 or e-mail info@amalgamate-safety.com