The Penalties

Successful prosecution under the Act or any health and safety statute carries a maximum penalty of a fine of £5000 and/or up to 6 months imprisonment. For breaches under the general duties of the Health Safety at Work Act 1974, penalties of up to £20000 were introduced in 1992. Offences heard on indictment in the Crown Court attract unlimited financial penalties and up to 2 years imprisonment. (Source: The Principles of Health & Safety at Work – Allan St. John Holt. ISBN 0 901 357 219).

The Powers of Inspectors

Sections 20-22 and 25: If an inspector discovers what is believed to be a contravention of any Act or Regulation then the inspector can:

Issue a prohibition notice with immediate effect prohibiting any work if the inspector is of the opinion that the circumstances present a serious risk of personal injury.
Issue a improvement notice requiring rectification of any contravention of a statutory requirement.
Prosecute any person who contravenes a requirement or fails to comply with a notice as above.
Seize, render harmless or destroy any article or substance that is considered to be the cause of imminent danger or serious personal injury.

What does this mean?

It is for the accused brought to the court under this act to show that "all reasonable practicable care" or in some cases absolute care has been taken. The demonstration of this is often the difference between an employer proving employee negligence or sustaining substantial fines, even personal prosecutions when he/she is unable to do so.

And remember your insurance does not cover you breaking the law!!