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Employers across the UK have long faced the prospect of being fined if they break health and safety laws, however with the introduction of the The Health and Safety (Offences) Act 2008 it is now possible that they may incur custodial sentence in the event of serious breaches, even in cases where these breaches do not cause an accident at work.
David Young, a lawyer with the firm Eversheds, explained to the Times, "Breaking even the most minor health and safety laws can lead to prosecution. It could be anything from failing to take responsible care for others' lives to supervisory roles such as carrying out risk assessments.
"If a forklift truck driver is shifting things around a yard and he's properly trained but larks around or drives carelessly he risks prosecution. Just the risk is enough, there doesn't need to be an accident or an injured person.
"We are putting workers on the same level as muggers and robbers. The new power means that a careless forklift truck driver is more likely to go to prison than a mugger with a troubled upbringing."
Despite these comments it is worth noting that, unless there is serious "public outrage" concerning a specific breach, in reality it is unlikely that any employer will face criminal prosecution for any incident in which there is ultimately only a benign outcome.
The new legislation, brought into effect following the proposals of Streatham MP Keith Hill, will operate in tandem with the new Corporate Manslaughter Act and are expected to go some way to reducing the number of serious workplace accidents.
The British Safety Council report that 229 workers in died in an accident at work in the UK during 2008, clearly an unacceptable figure.
David Sowerby, regional operations manager for the HSE in the North West, comments, "When it comes to workplace safety we cannot be complacent. We all have a role to play in 2009."
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All the no win, no fee solicitors on YouClaim's workplace injury panel are drawn from panel firms governed by the Solicitors Regulation Authority, a regulatory branch of the Law Society
Win or lose, they will never charge you a penny to fund the progress of your accident at work claim. This protection applies, from start to finish, to both liability for our costs and those of the opposing side.
And with our 100 percent compensation guarantee assuring all winning claimants that no cuts will ever be taken, we are proud to offer a service that provides so much more than any simple definition of "no win, no fee" would imply.
If you feel that you may be entitled to receive compensation for your injuries, feel free to discuss the details of your case with a legal advisor.
This can be done online, either through echat or filling out an online claim form, or by calling our accident helpline directly, on 0800 10 757 95.
We look forward to securing you the compensation you deserve.
