Health and safety—the need to go above and beyond (2017) 28 7 Cons.Law 21 [Archived]
Health and safety—the need to go above and beyond (2017) 28 7 Cons.Law 21 [Archived]

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Health and safety—the need to go above and beyond (2017) 28 7 Cons.Law 21 [Archived]
  • Key points
  • The Sentencing Guideline—a recap
  • Recent sentencing examples
  • Who enforces H&S laws?
  • Breach can mean criminal or civil liability (or both)
  • The complex nature of H&S duties on construction sites
  • Avoiding liability: Pre-contract issues to consider
  • Conclusion

ARCHIVED: This Practice Note has been archived and is not maintained.

This article appears as originally published in Construction Law on 1 September 2017 and is not maintained.

High fines and prison sentences for health and safety breaches are becoming more common. Helen Bowdren and Gurbinder Grewal of Dentons consider the new challenges facing construction.

Key points

  1. Increased fines for health and safety offences have increased the pressure on companies to ensure they comply with health and safety legislation

  1. A new Sentencing Guideline for health and safety offences is in force and is leading to many more fines over £1 million, especially for companies with a high turnover

  1. All employees should be adequately trained to implement health and safety procedures, with consequences for those that do not

  1. More prosecutions are being brought against individuals for health and safety offences

  1. Breach of the law has civil consequences as well as criminal

  1. Businesses should be aware of contractual risks too; they should review and proactively manage their potential health and safety liability on each contract/project

A new Sentencing Guideline for health and safety (H&S) offences came into force in 2016. It has led to much higher fines for breaches of H&S law, especially for companies with a high turnover. This has increased the pressure on companies to ensure their H&S procedures comply