Threat of unlimited fines raised by new safety laws
10 September 2012

From 6 Ap

From 6 April businesses found guilty of neglecting health and safety which results in the death of staff or members of the public, face sanctions including unlimited fines. Orders can also be imposed requiring bosses to place adverts in national newspapers publishing details of their wrong-doings.
The Recruitment and Employment Confederation (REC) said it was crucial that recruiters looked at their health and safety policies in detail.
"There needs to be a clear systematic understanding between the employment business and the client about how health and safety matters are identified, how risks are minimised and how matters are monitored and managed throughout the assignment," said Belinda Brooke, the REC's head of legal services.
The REC believes the biggest impact will be on recruiters who supply staff to the construction industry. There were 77 deaths in the sector last year, making it one of the most dangerous sectors of employment.
The new legislation allows firms and organisations, including govern- ment bodies, to be charged. Previously a specific person or 'directing mind' had to be found personally liable for a prosecution to take place.
The act takes into account attitudes, policies, systems or accepted practices likely to have led to safety failures, including the corporate culture within an organisation.
The Ministry of Justice recommends organisations "keep their health and safety management systems under review, in particular, the way in which their activities are managed or organised by their senior management".
However, Alan Ritchie, the general secretary of the Union of Construction Allied Trades and Technicians, argued the new Act will not save the life of a single construction worker.
The union's research officer, Barckley Sumner, told Recruiter it was "perverse" that directors do not have individual legal responsibilities over health and safety and that only by sending directors to jail for negligence will there be a change of culture in the construction industry."
