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Penalty raised for health and safety breaches



20 January 2009

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The maximum penalty for breaching health and safety laws has been raised, which the authorities hope will be a deterrent for those with lax regulations in place.

Under the new guidelines, the penalty can now reach £20,000, marking a £15,000 increase on the former figure.

The Health and Safety Executive welcomes the plans, with its chair Judith Hackett saying: "We will continue to target those who knowingly cut corners, put lives at risk and who gain commercial advantage over competitors by failing to comply with the law."

She suggests that those companies which are unsure of what is expected of them should seek the necessary legal guidance, adding that inspectors would use their powers "sensibly and proportionately".

Through the Health and Safety Offences Act 2008, courts will be given greater powers to reprimand those who breach the law.

Both employers and employees alike have a legal duty to ensure their place of work is safe to work in.

Nick Hallchurch, partner in the litigation and dispute resolution practice comments: "The significant increase in the levels of fines are designed to hit defaulting business where it hurts, in the pocket."

"The government is understandably keen to ensure that companies continue to prioritise health and safety in the recession and to continue to make the management accountable for breaches."

Whatever the challenge you are facing, we can help you keep control of the situation. We are able to advise on the best approach, whether it be litigation or mediation, to advance and protect your interests. For legal advice, please contact the litigation and dispute resolution team on 01753 279037 or email disputes@bpcollins.co.uk.

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