Companies Already Receiving Large Fines

Although the new sentencing guidelines officially came in to force on 1 February 2016, a number of companies were fined very heavily in January 2016 for health and safety breaches.

C.RO Ports London Limited was fined £1.8 million; Balfour Beatty Civil Engineering Limited was fined £1 million.  National Grid Gas and UK Power Networks were also fined £1 million each in January 2016.

Furthermore, in early February 2016, ConocoPhillips was fined £3 million plus costs by Lincolnshire Crown Court after it pleaded guilty to three charges involving leaks from one of its offshore gas platforms.

ConocoPhillips was fined after it admitted serious safety failings between 1 November and 1 December 2012.

The new health and safety sentencing guidelines represent a sea change in health and safety law in the UK with hugely increased fines introduced for companies convicted of offences.

Although the sentences in many of the above cases were all imposed prior to the introduction of the new guidelines, they were clearly considered in anticipation of the new guidance.

Culpability is looked at in detail under the new guidelines, and therefore it is vitally important that businesses have their house in order should they face an investigation by the HSE.  Businesses should therefore ensure that health and safety is given a high priority within their business, and matters such as training, advice from external advisers, risk assessments, and preventative measures are put in place to ensure that the business does not fall foul of health and safety regulations.  The costs associated with doing so going forward will be extortionate, whereas planned health and safety procedures and maintenance will be an extremely small cost when compared with the potential fines under the new regime.

For advice on how to comply with your health and safety commitments, please contact Nils O’Donoghue of Chadwick Lawrence LLP at nilso@chadlaw.co.uk