Health and Safety (Offences) Act 2008
Legislation
Introduction
The Health and Safety (Offences) Act 2008, which came into force on 16 January 2009, amends the maximum penalties that can be made against defendants under the Health and Safety at Work, etc. Act 1974 (HASAWA) and subservient health and safety regulations.
A full copy of the Regulations can be printed and/or downloaded from: http://www.legislation.gov.uk/ukpga/2008/20/contents.
This Act gives lower courts the power to impose higher fines for some health and safety offences, as follows:
| Offence | Magistrates' Court | Crown Court |
| Breaches of general duties under HASAWA Sections 2 - 8 or Regulations | Fine up to £20,000 and/or up to 12 months' imprisonment | Unlimited fine and/or up to 2 years' imprisonment |
| Non-compliance with an Improvement Notice, a Prohibition Notice or a Court Order | ||
| Making a false statement or entry in a register | ||
| Any other offence not specified | ||
| Breaches of general duties under HASAWA Section 9 | Fine up to £20,000 | Unlimited fine |
| Obstruct an Inspector | Fine up to £5,000 and/or 51 weeks (England & Wales) or 12 months (Scotland) imprisonment | Not available |
| To pretend to be an Inspector | Fine up to £5,000 | Not available |
Further guidance is available from the HSE website.
Content of the Act
- Health and safety offences: mode of trial and maximum penalty
- Consequential amendments and repeals
- Short title, commencement and extent
- Schedule 1: New Schedule 3A to the Health and Safety at Work etc. Act 1974
- Schedule 2: New Schedule 3A to the Health and Safety at Work (Northern Ireland) Order 1978
- Schedule 3: Consequential amendments
- Schedule 4: Repeals
HSE ACoPs and Guidance
No specific guidance relate to this Act.