Health & Safety Resources

Breaches of Health and Safety legislation are investigated within the criminal law. The Health and Safety Executive (as well other agencies like the police in fatal cases) operate with powers under the Police and Criminal Evidence Act 1984. Health and Safety Inspectors also have powers under the Health and Safety at Work Act etc 1974.

The Health and Safety Executive is entitled to recover costs incurred by them from employers where an Inspector assesses that the employer is in “material breach of health and safety legislation. These fees are charged at £124 per hour and can be substantial. Employers should be aware of the dispute mechanism where it disputes a material breach has been committed.

Protecting the health and safety of your employees and anyone else who may be affected by the activities of your organisation (e.g. contractors and members of the public) is an essential part of risk and hazard management and should be proactively led by the top of your organisation.

Confiscating the financial benefits of crime from individuals and organisation convicted of certain types of criminal offences is an increasingly used strategy by regulatory authorities, particular the Environment Agency and Trading Standards.

Businesses have responsibilities under health and safety law to contractors working for them or on their behalf. Essentially, businesses are responsible for ensuring that the work that the contractor is undertaking is done safely, and without risk to health and safety to them and anyone else who may be affected (e.g. members of the public or employees).