On 16 January 2009 the Health and Safety Offenses Act 2008 came into force, increasing penalties and providing courts with greater sentencing powers for those who break health and safety law.

Welcoming the new Act, Chair of the Health and Safety Executive (HSE) Judith Hackitt said: "This Act gives lower courts the power to impose higher fines for some health and safety offenses. It is right that there should be a real deterrent to those businesses and individuals that do not take their health and safety responsibilities seriously. Everyone has the right to work in an environment where risks to their health and safety are properly

managed, and employers have a duty in law to deliver this.

"Our message to the many employers who do manage health and safety well is that they have nothing to fear from this change in law. There are no new duties on employers or businesses, and HSE is not changing its approach to how it enforces health and safety law. We will retain the important safeguards that ensure that our inspectors use their powers sensibly and proportionately. We will continue to target those who knowingly cut corners, put lives at risk and who gain commercial advantage over competitors by failing to comply with the law."

The Health and Safety (Offenses) Act 2008 received Royal Assent on 16 October 2008, fulfilling a longstanding Government and HSE commitment to provide courts with greater sentencing powers for health and safety offenses. The three main effects of the Act are:

1. Raise the maximum fine that may be imposed in the lower courts to £20,000 for most health and safety offenses.

2. Make imprisonment an option for more health and safety offenses in both the lower and higher courts.

3. Make certain offenses, which are currently triable only in the lower courts, triable in either the lower or higher courts.

Note that the 2008 Act is not retrospective, so the new penalties will only apply to offences committed on or after 16 January 2009.

Procter Machine Guarding offers a comprehensive machinery safety service for both existing and new machinery. Depending on the project requirements, Procter can provide risk assessments, PUWER assessments, design services , machine guarding and safety-related control systems - including safety light curtains, pressure-sensitive mats and other safety devices. Utilising these services will help companies to comply with health and safety legislation in relation to machinery safety.

To discuss any requirements for machinery safety services, please email This e-mail address is being protected from spam bots, you need JavaScript enabled to view it   or telephone 02920 855758.