The Importance of Risk Assessments
Since the introduction of the Definitive Court Sentencing Guidelines in 2016, fines for health and safety violations have significantly risen. In 2023 alone, there were 21 reported fines exceeding a substantial threshold, marking an approximate 150% increase from 2022. Among these fines, 10 cases involved accusations of inadequate risk assessments.
Robust Governance
Considering the daunting challenge of defending health and safety prosecutions - as highlighted by the Health and Safety Executive (HSE) annual report, which boasts a prosecution success rate of 94% - it becomes imperative for all organisations to fully grasp not only the significance of accurate risk assessments but also the necessity of demonstrating robust governance, review processes, and compliance with the implementation of such assessments.
A Barrister Comments
Alex Stein, a barrister with experience in prosecuting and defending health and safety cases, underscores the crucial role of having comprehensive written policies and procedures. "The conviction rate for health and safety offences underscores the importance of organizations having appropriate written policies and procedures," says Alex. "In the event of an HSE inspection, having documented evidence can greatly increase the likelihood of avoiding enforcement action." Alex further emphasizes that even in cases where enforcement action is pursued by the HSE, having adequate systems in place can lead to successful representations during the prosecution process, particularly those of public interest.
Recent Prosecution
Alex recently represented the HSE in prosecuting a film company following a serious injury sustained by a stunt worker during the filming of an action sequence for the movie Fast and Furious 9. The HSE investigation uncovered that the company's risk assessment had not been properly reviewed and updated after a decision was made between takes to alter the planned action sequence. Consequently, the company was fined £800,000 and ordered to cover the HSE's prosecution costs totaling £14,752.85.
Minor Shortcomings
Even minor shortcomings can result in significant fines. Despite the company in the previous case taking steps in the right direction, the consequences of altering the originally planned sequence, though seemingly small, were not adequately assessed and documented. Due to these oversights, Alex noted that the company's options were limited, leading to a guilty plea being entered.
To assist organizations in comprehensively understanding the challenges and risks they confront, WTW is hosting mock trial sessions nationwide throughout 2024. This innovative and interactive training format, blending seminars with audio-visual learning, aims to enhance awareness of the factors that may provoke enforcement actions.