Health and Safety Law
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Criminal
Prosecution by the state in a criminal court
Purpose to punish
Prosecutor and defendant
Innocent until proven guilty
Beyond reasonable doubt
Heard by a judge and jury
Magistrates/Crown court
Fines and/or prison sentence
(compensation for injured party may be ordered).
Civil
Action for damages in civil court
Purpose to compensate
Claimant and defendant
Balance of probability
Heard by a judge
County/High Court
Compensation
Health and safety law is the Responsibility of:
Employers
Employees
Self employed
Manufacturers, Suppliers, Installers
Enforcement is carried out by:
EHPs
HSE Inspectors
Fire Officers
Powers of inspectors include:
Enter premises at any reasonable time
Examine and investigate as necessary
Direct that premises remain undisturbed
Take measurements, photos, records etc
Retain evidence
Take statements
Test
Dismantle.
Enforcement Action Hierarchy
Informal advice during inspection
Formal letter or advice issued after an inspection
Improvement notice
Prohibition notice
Initiate prosecution.
Penalties
Magistrates court:
Up to £20,000 fine and/or up to six months imprisonment
Crown court:
Unlimited fine and/or up to 2 years imprisonment
Higher penalties for manslaughter
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