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This
section looks at the numbers of organisations and
individuals that have been prosecuted by the HSE and
the fines imposed by the Courts. To read about number
of enforcement notices, click
here
HSE's
2002/3 report on "Offences and Penalties"
gives the most recent authoritative report on levels
of prosecutions.
The
main reported findings are:
| • |
There
was a 13% decrease in the number of prosecutions
taken by HSE inspectors in 2002/3 compared to
the previous year, from 1059 to 933. |
| • |
The
average level of fine per case fell by 20% from
£11,141 to £8,828 |
| • |
The
average level of fine per offence fell by 27%
from £8,234 to £6,040 |
| • |
The
average level of fine per offence sentenced in
the Crown Court fell from £26,961 to £17,632 |
| • |
The
average level of fine per offence sentenced in
the magistrate Court was almost unchanged falling
from £3,769 to £3,760 |
| • |
The
average level of fine relating to a case following
a fatality decreased from £38,055 to £29,564 |
| • |
The
proportion of cases that lead to a convictions
is 86% |
| • |
In
2002/3 HSE prosecuted 22 Directors or Managers
of which 11 resulted in a conviction. The average
fine was £2,954. This compared to 24 prosecutions,
18 convictions and an average fine of £5,869 |
| • |
In
2002/3, 19 employees were prosecuted of which
14 were convicted. The average fine was £863 |
| |
In
both 2002/3 and 2001/2, the courts did not disqualify
a single director from continuing as a company
director following a conviction for health and
safety offences. Only 8 directors have ever been
disqualified. |
Some
of this information is set out in the table below
| Year |
1999/00 |
2000/01 |
2001/2 |
2002/3 |
| Nos
of Cases Prosecuted |
1,096 |
1,025 |
1,059 |
933 |
| Average
level of fine per case |
£8,292 |
£8,718 |
£11,141 |
£8,828 |
| Average
level of fine per offence |
|
|
£8,234 |
£6,040 |
| Average
level of fine per offence (Cn Ct) |
|
|
£26,961 |
£17,632 |
| Average
level of fine per offence (Mag Ct) |
|
|
£3,769
|
£3,760 |
| Average
level of fine per cases following death |
|
|
£38,055 |
£29,564 |
Levels
of Fines by Industry by offence
| Year |
2001/2 |
2002/3 |
| Construction |
£7,450 |
£5,698 |
| Agriculture |
£1,977 |
£2,570 |
| Extractive
Industries |
£26,444 |
£13,721 |
| Manufacturing |
£8,795 |
£9,105 |
| Service
Industries |
£3,769
|
£3,760 |
In
their report the HSE indicate concern for the decline
in the level of fines and set out a number of examples
of fines:
| A
leisure company was convicted under section 3
of the Health and Safety at Work etc Act 1974,
following an incident where an 8 year old girl
sustained fatal injuries falling from the rear
of a roller coaster ride. The company failed to
take all reasonably practicable steps to ensure
the safety of passengers on the ride and was fined
£25,000 in the Crown court. |
| A
construction company was prosecuted following
an incident that resulted in two employees being
trapped in an unsupported excavation whilst laying
pipes. Despite the site engineer being aware of
the risks, no attempts were made to stop the work.
There was a potential for a double fatality. The
Magistrates court fined the company £8,500. |
| A
food manufacturer was prosecuted following a failure
to prevent access to a processing machine. Despite
previous incidents, the company ignored warnings
from their own workforce. The company also failed
to ensure adequate training was provided for employees
with language difficulties. The company were fined
a total of £16,000 in the Magistrates court. |
| A
hospital trust was prosecuted under section 3
of the Health and Safety at Work etc Act 1974,
after a patient fell from a second floor window
to their death. Despite recent publicity and prosecutions
following a number of fatalities, the trust failed
to ensure that the window had sufficient restrictors
in place to prevent such an incident and were
fined £10,000 in the Magistrates court. |
| A
carpet manufacturer was prosecuted following a
serious injury to an employee who fell 2 metres
from a loading bay. Despite a recent warning from
an employee who had suggested that a rail or guard
be put in place to prevent such an accident, the
company failed to respond and was fined £5,000
in the magistrate’s court – the maximum
amount for the regulation. |
To download whole report for 2002/3, click
here (PDF)
To
find out whether a specific company has been prosecuted
or not, or details of prosecutions in a particular
industry or geographical area, click
here
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