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22 October 2005 - HSE Offences and Penalties Report 2004 to 2005

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The Health and Safety Executive (HSE) have produced their annual report on Offences and Penalties, which shows a fall in the number of reported offences for 2004/2005.

The main overall figures are as follows:

  • There were 712 prosecutions with a 95% conviction rate.

  • Average penalties imposed was £18,765, which was 31% up on 2003/2004.

  • Around 90 to 95% prosecutions were reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).

Acting Chief Executive for the HSE said:

"Firm, properly targeted and proportionate enforcement underpins the action we need to take to deliver the HSC’s health and safety strategy published in 2004. Our powers to take enforcement action amplify all that we do to deliver a sustainable, long-term reduction in occupational injury and ill health.

"This year’s figures show we have prosecuted in fewer cases and served fewer notices than in previous years. We have identified 2 major factors behind the drop. One is the steady decline in the number of accidents and ill health reported to us, the other is our better targeting of resources to investigation. We are investigating fewer incidents, but a greater proportion of these are leading to prosecution.

"HSE is also devoting an increasing amount of resource to working with the police on manslaughter investigations, and estimate that this is taking up about 10% of our investigation and enforcement resource. We believe that this is the right and appropriate use of resources.

We are pleased to see that the courts are prepared to impose larger fines but they still do not always fully reflect the seriousness of these criminal offences. The case studies contained within the report remind us why HSE’s work is so important. And why no one should be in any doubt that, where appropriate, we will take enforcement action."
 

However, the Trades Union Congress (TUC) expressed their concerns over the low number of negligent employers being prosecuted and the low number of enforcement notices being issued.

The TUC also say Local Authorities are taking fewer local companies to court for accidents and injuries in the workplace.   In the past ten years, there has been a drop of 50% in prosecutions and a 75% fall in the number of enforcement notices issued.

Commenting on the reported figures, Mr. Brendan Barber, TUC General Secretary said:

"Last year 220 workers were killed in the UK, over 150,000 people were injured and 2.2 million people are suffering from an illness that was either caused or made worse by their work. All these accidents, injuries and diseases are avoidable and most are caused by employers ignoring health and safety laws.

"We don't want to see HSE inspectors spending all their time in court, but at the moment it's very easy for employers who've put their employees' health and safety at risk to escape punishment.

"If the UK is to get to grips with its extremely poor safety record, we have to see more inspectors out there visiting workplaces, more targeted prosecutions of offending employers and more use of enforcement notices. The Government should also provide the HSE with extra resources so that it can do its job properly.

"Good employers have nothing to fear but the bad ones do. TUC research has shown that when an enforcement notice is issued, over two thirds of employers not only comply, but also end up reviewing health and safety practices elsewhere in their organisation.

"Without a doubt, enforcement is the single most effective tool the HSE has at its disposal for improving health and safety standards in UK companies and organisations. When the Health and Safety Commission launched its new strategy for improving workplace health and safety last year it promised that enforcement would still be a key part of this. Today's report shows that this is clearly not the case."

Further information on the report can be accessed from the HSE's webpage by clicking the following:

Offences and penalties report 2004 / 2005

Article by Alexandra Johnston

 

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