From 1st February 2016, The Sentencing Council will be implementing new sentencing laws for Health and Safety offences. The new guidelines aim to ensure a consistent, fair, and proportionate approach to sentencing organisations and individuals convicted of corporate manslaughter, health & safety and food safety hygiene offences
A copy is available here.
Until now, there has been limited guidance for judges and magistrates in dealing with what can be complex and serious offences that do not come before the courts as frequently as some other criminal offences.
It is likely that penalties will be greater as a result of the implementation of the guidelines.
What are the updates?
The guidelines are intended to ensure a consistent approach to the sentencing of individuals and organisations convicted of health and safety, corporate manslaughter and food safety and hygiene offences by courts in England and Wales. They will not apply in Scotland, although as most health and safety laws apply across the UK they may well be considered by the Scottish courts.
Courts will be required to first assess the overall seriousness of the offence based on the offender's culpability and the risk of serious harm, regardless of whether any harm was in fact caused (risk-based rather than just out-come based).
Individual company directors found guilty of "consent, connivance or neglect" in relation to the offence will face potentially unlimited fines and prison sentences of up to two years, according to the guideline.
What can you do?
Directors should be cognisant of the new guidelines and the possible outcomes in the event of prosecution. Regulatory authorities expect health and safety to remain a key business priority and management must ensure health and safety issues are towards the top of their agenda.
You should have robust health and safety management systems in place to ensure the safety of your employees and the public’s welfare. Some ways to achieve this can include:
- Ensuring the Health and Safety Policy is kept up to date and that individuals (including Directors and Senior Managers) are aware of their responsibilities and competent to discharge their duties.
- Hold regular meetings to discuss hygiene and safety issues, keep records and follow up on agreed action points.
- Appoint and train a Competent Person(s) in Health & Safety, First Aid, and Fire Safety procedures.
- Ensure risk assessments are maintained as live documents, reviewed on a regular basis and in the event of accidents.
- Have an accident book (or use FACT), and ensure all staff know to inform the manager/ competent person when any accident occurs, no matter how small.
- Make sure effective food safety management systems, based on the principles of HACCP, are in place with records kept of the monitoring of Critical Control Points.
- Make sure all food labelling and allergen information is correct
- Train all staff, especially food handlers, in their relevant food safety and health & safety training.
- Have a professional audit and risk assessment undertaken to assess your businesses compliance with current legislation and codes of practice.
- Work with your EHO, ask for guidance and help to make your premises as safe as possible.
For professional assistance and guidance in all health & safety and food safety matters, contact Food Alert on 020 7244 1900 or enquiries@foodalert.com.