Health and Safety Executive - Enforcement Action

Towards the end of every year the Health and Safety Executive (HSE) publish a report outlining what enforcement action they have taken. The report covering the period 2003 - 2004 was published in late November 2004. The highlights of the report are as follows.

• The HSE prosecuted 982 cases in the 12 months May 2003 to April 2004. This represents an increase on the previous years figure of 908.
• The HSE can issue enforcement notices - Improvement notices that specify action that is to be taken by an employer and Prohibition Notices that have the effect of stopping work until the changes are completed. The total number of notices issued fell to 11,295 from 13,324 in the previous year. Although there was an artificial increase in 2002/03 due to special attention being paid to agricultural and construction with the result that more notices were issued.
• The HSE can prosecute and were successful in 9% of cases. The moral of this statistic is that it is best to comply with the advice of the HSE (or Local Authority). If you have behaved really badly then you may be prosecuted - and if so, there is little chance that you'll "get off". The good guys nearly always win!
• The HSE may choose to prosecute directors and managers - 17 were prosecuted and 11 convicted in 2003-2004. Employees are occasionally prosecuted - 25 in 2003/04 of which19 were convicted. The average fine was £842.
• In the majority of cases it is a firm that is prosecuted and they usually receive a fine. Fines increased in 2003 - 2004, another good reason for avoiding prosecution. The HSE reports on the level of fines for each case, that is each firm that is prosecuted and for each offence that is the particular charges that have been made against each firm (a firm can be charged with several offences in a single case)
  • Fines per case increased to £13,947 (up 58% on the previous year's figures)
  • Fines per offence increased to £9,858

So, the moral of this...?? Do not be afraid to seek advice and guidance from the HSE. Their visits are generally useful, inspectors are usually helpful and they write many more letters than anything else. If they are not happy and you do not appear to be following good custom and practice or are failing to take their advice, then you may receive an enforcement Notice.

If so, comply with its requirements or you may find yourself being prosecuted! And if you are prosecuted, then do not try to fight the case - far better to accept ones punishment, learn from the experience and try to move on, improving health and safety and reducing the risk of workplace accidents.

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