The use of civil sanctions as an alternative to criminal prosecution for certain workplace health and safety breaches should be considered, Rhian Greaves, a partner at law firm DAC Beachcroft, argued during a presentation at the SHW Live North conference in Manchester on 23 January.
News
Lawyer makes case for civil sanctions to address health and safety breaches
By
on 26 January 2024
Making use of a “toolbox” of civil sanctions, including fixed monetary penalties, compliance notices and enforcement notices, would be “quicker” and “more cost-effective than prosecution” and would take pressure off the criminal court system, which has been “on its knees for some time”, according to Greaves.
The UK Environment Agency already uses civil sanctions to address some environmental breaches. A recent example of this saw Yorkshire Water agreeing to pay a record £1 million to two environmental charities after an EA investigation found it had breached its environmental permit with an unauthorised sewage discharge.
Rhian Greaves, DAC Beachcroft: "My own view is that this is a conversation we at least need to start having." Photograph: British Safety Council.
Yorkshire Water submitted an enforcement undertaking – a voluntary offer made by companies or individuals to make amends for offences – through which it agreed to pay £500,000 to both Yorkshire Wildlife Trust and Yorkshire Dales Rivers Trust.
While the EA embraced the idea of using civil sanctions as an alternative to criminal prosecutions in some cases, the Health and Safety Executive (HSE) “didn’t want to go down that route”, said Greaves. However, given that 10% of health and safety-related criminal cases have “waited more than two years” to come to court, Greaves believes it is time to reassess that position.
“My own view is that this is a conversation we at least need to start having,” she told delegates attending the conference.
NEWS
UK festival workers voice safety and wellbeing concerns in new survey by union
By Kerry Reals on 03 February 2025
Workers on UK festival sites have raised concerns about their safety and working conditions, pointing to long hours and extreme heat, in a survey carried out by the Bectu union.
British Safety Council and Dr Tim Marsh launch book to raise money for mental health charities
By British Safety Council on 23 January 2025
British Safety Council has teamed up with renowned safety psychologist Dr Tim Marsh to publish a book containing his insights on health, safety and wellbeing over the years, with all proceeds being donated to two mental health charities.
HSE chair calls for ‘fundamental shift’ towards preventing work-related ill health
By Kerry Reals on 23 January 2025
Traditional safety risks have been prioritised over workers’ health for too long and there needs to be a “fundamental shift” towards preventing employees from becoming ill through their work, according to Health and Safety Executive (HSE) chair Sarah Newton.