Health and safety guidelines are designed to protect employees and customers from potential harm in the workplace. The Health and Safety at Work Act (HSWA) 1974 is the primary legislation that sets out the guidelines that businesses in the UK must follow to ensure the health and safety of their employees and customers. However, despite the importance of complying with these guidelines, some companies:
- Are still not aware of the full details of the legislation
- Ignore the guidelines
- Don’t have regular risk assessments
- Don’t realise the impact their poor management methods, record-keeping and systems can have
One of the most significant consequences of ignoring health and safety guidelines is the possibility of prosecution by the Health and Safety Executive (HSE), the UK’s national regulator for workplace health and safety. The HSE has the power to investigate companies suspected of not complying with health and safety guidelines and prosecute them if necessary. Companies found guilty of breaching health and safety guidelines can face hefty fines, imprisonment, and even the closure of their business.
In their annual report for 2021 to 2022, the HSE published the following:
- They completed 290 criminal prosecutions with a 96% conviction rate
- Issued over 6,900 notices, including approximately: 5,190 notices for improvement and 1,740 prohibition notices
- Their spot-check programme included collaborating with over 150 local authorities. They completed over 51,000 spot checks on behalf of local authorities and a further 155,000 for HSE-enforced businesses
- There were five prosecutions during 2021/22 resulting in fines of over £1 million
- 75% of respondents said they had acted as a result of a visit (71% in 2020/21)
Prosecutions
Company fined after worker loses parts of fingers
In this event, an employee lost parts of two fingers when his hand got caught in a machine.
The HSE investigation found that the machine did not have suitable guarding, there had not been a risk assessment before the machine was used, and the employee had not been properly trained.
The company was fined £66,000 and ordered to pay £5,440.70 in costs at Warrington Magistrates’ Court on March 7 2023.
Company fined £120,000 after dad fell to his death working on the roof
The HSE found that PTSG Electrical Services Limited failed to assess the risks associated with this work adequately. In addition, the company had not instructed the employees to safely get the rope access equipment on to and off the roof.
The company was fined £120,000 and ordered to pay £5448.51 in costs at Wirral Magistrates’ Court on February 9 2023.
Two companies were fined more than £380k after a worker fell through the roof
An investigation by the HSE found there was ineffective planning of access arrangements to and on the roof by STP Construction Ltd, resulting in workers having to pass fragile materials before they could use the fall arrest system installed there. The investigation also highlighted that Brackley Industrial Maintenance Ltd failed to ensure the provision and use of physical means to prevent or arrest falls.
The company was fined £320,000 and ordered to pay £8,538 in costs at Oxford Magistrates’ Court on February 10 2023.
After the hearing, HSE inspector Jenny Morris said: “This incident could have easily been avoided. Assessing and planning work at height is essential to ensuring that suitable and sufficient measures are in place to prevent falls from height.”
We’ve highlighted these because they show how oversight can result in, at worse, death and, at the least, large fines and damage to reputation.
Prevention is better than cure
Prevention is always better than cure, which is true in almost every aspect of life. When it comes to health and safety, prevention should be the primary focus. It is much easier and cost-effective to prevent accidents, illnesses, and injuries than it is to cure them.
To avoid these negative consequences, companies must prioritise compliance with health and safety guidelines. This includes investing in training and development programs that ensure employees are aware of the potential risks associated with their work and how to mitigate those risks. It also means conducting regular risk assessments and keeping accurate records of these assessments.
Besides the legal and financial consequences, ignoring health and safety guidelines can damage a company’s reputation and trust.
How can Ligtas support you?
We have a range of health and safety consultancy services and training. We also hold regular webinars, such as this one, on March 22. Discover how to work with and manage contractors. Register for our webinar.
