Prosecutions
There are prosecutions of small businesses in the UK for failing to control risks, leading to fines, and in serious cases, other penalties. Here are some examples based on recent reports:
Truffles Bakery (Sussex):
- Fined £12,000 after an employee lost part of a finger due to a failure to prevent access to dangerous parts of machinery. This highlights the importance of machinery guarding and safe working practices. More info
G Mutch Developments (Manchester):
- A builder was fined for carrying out unlicensed asbestos removal work. This demonstrates the legal requirement for specific licenses and safe handling procedures for hazardous materials like asbestos.
BSP (Knockholt) Limited:
- A director was disqualified for five years and received a community sentence after the company failed to comply with HSE Improvement Notices. The company was also fined £150,000. This shows the serious consequences of ignoring enforcement notices aimed at improving safety. More info
Oriental Delight (UK) Limited (North London):
- A food manufacturer was fined £150,000 for failing to prevent access to dangerous parts of machinery, under the Provision and Use of Work Equipment Regulations 1998. This again emphasizes the need for proper guarding and safe use of work equipment.
Rice Plumbing and Oil Heating (Lancashire):
- A plumbing business owner was prosecuted after connecting a gas supply with water during a boiler replacement, creating a significant safety hazard. This demonstrates the importance of competence and adherence to correct procedures in gas work.
These examples illustrate that the HSE does prosecute small businesses for failing to control risks across various industries and for different types of safety failings. The penalties can range from fines to director disqualifications, depending on the severity of the breach and the potential for harm
General Information on Control of Risk and Prosecutions:
- Legal Duty: All employers in the UK have a legal duty to ensure the health, safety, and welfare of their employees and others who may be affected by their work activities. This includes identifying hazards, assessing risks, and implementing appropriate control measures.
- Risk Assessment: A fundamental part of controlling risk is conducting thorough and regular risk assessments. This involves identifying potential hazards, evaluating the likelihood and severity of harm, and putting in place measures to eliminate or control those risks.
- Control Measures: Control measures can include a wide range of actions, such as:
- Eliminating the hazard completely.
- Substituting a less hazardous substance or process.
- Engineering controls (e.g., machine guarding, ventilation).
- Administrative controls (e.g., safe working procedures, training).
- Personal protective equipment (PPE) as a last resort.
- HSE Enforcement: The HSE has various powers to ensure compliance with health and safety legislation, including:
- Providing advice and guidance.
- Carrying out inspections.
- Issuing improvement notices or prohibition notices.
- Bringing prosecutions in cases of serious breaches.
- Sentencing Guidelines: The courts follow sentencing guidelines for health and safety offences, which take into account factors such as the culpability of the business, the level of harm risked, and the size of the organization. Fines can be substantial, and in cases of gross negligence leading to death, individuals can face imprisonment.
- Importance for Small Businesses: While larger companies may have dedicated health and safety teams, it is equally crucial for small businesses to understand and comply with their legal obligations. Lack of resources is generally not accepted as a valid excuse for failing to manage risks effectively.
It’s essential for all businesses, regardless of size, to prioritise health and safety, conduct regular risk assessments, implement necessary control measures, and ensure that employees are properly trained and supervised to prevent accidents and avoid potential prosecutions
If you’d like guidance on meeting your legal obligations or support with risk assessments, control measures, or training, contact us today to speak with one of our health and safety specialists.