HSE looks at new penalties

Penalties other than criminal prosecution are being considered by the Health and Safety Executive (HSE) for employers that breach health and safety law.

The following penalties could be used, either instead of or in conjunction with prosecution:

* administrative fines, imposed by the regulator or enforcing authority without recourse to the courts.

* fixed penalty fines imposed by inspectors on the spot or later;

* conditional cautioning (a formal caution where the employer agrees to comply with conditions in order to avoid prosecution);

* enforceable undertakings (legal agreements in which the employer must carry out specific activities to improve worker health and safety and deliver benefits to industry and the broader community);

* court orders to ensure that employers undertake remedial work;

* probation for employers and directors over a set period, with stricter penalties for further breaches; and

* adverse publicity orders, requiring employers to publicise their failings.

At present, these alternative penalties are either not available or are not used.

"It is essential that any alternative sanctions adopted must be capable of application in a proportionate, consistent manner within the existing regulatory framework," said HSE officer Keith Pritchard. "Equally essential is that they are effective in changing duty-holder behaviour."

The HSE is consulting on these penalties until the end of December. To take part, visit www.hse.gov.uk/consult/condocs/penalties.htm