2016 will see the biggest shake-up in decades to the way companies are penalised by the courts for health and safety breaches with the potential for fines of £10 million and more.
What does this mean?
- In February, major changes come into force in the way that sentences for breaches of health and safety, corporate manslaughter, food safety and hygiene offences are determined. From 6th February any case that is brought to court will be tried under the new sentencing guidelines, including offences that have already happened.
- The impact of these changes is that the new sentencing system dramatically increases the gravity with which breaches are viewed by the courts. A new scale of fines will also be introduced and be based on company size and the “seriousness” of the offence, the last being based on culpability and harm.
- The scale of fines also indicate a strong likelihood of a significant increase in the size of potential fines. For instance, the scale shows that a company turning over £50 million+ that is found to be highly culpable of a breach could be fined up to £10 million pounds.
- The new sentencing guidelines represent a seismic change in the way that health and safety breaches are penalised, but with the correct partners on board to give advice companies can feel more confident of staying on the right side of the law.
- Bonasystems’ area of expertise – flooring – has a high potential for risk. Slips and trips are still the biggest cause of accidents in the workplace in the UK, with 95 per cent causing broken bones.
- All companies should seek expert advice and assessment to ensure that they are adhering to recognised industry standards
What action should all businesses and organisations take?
- If you want to keep yourself and your company out of the spotlight, you need to be up to speed with the latest developments. Bonasystems can help you get to grip with these, through expert advice and consultancy, independent assessment and testing, and specialist floor care products.
- Key to the courts’ assessment is whether the company, or any of its officers, ignored or didn’t take action about previous warnings, tests or investigations that showed they did not comply with recognised industry standards. The court may also adjust the fine upwards or downwards depending upon factors such as, whether the company was particularly co-operative during the investigation, or if there are previous offences with convictions.
- Another key factor that will drive the level of fines is the number of people exposed to a risk.
- Most breaches of floor safety are preventable. In the majority of cases the solution to correct these breaches does not have to be onerous. Slight changes to floor cleaning and maintenance regimes can reduce risk from 1 in 2 to 1 in 1,000,000.
- Don’t wait, take action now. Seek qualified expert advice. The Bonasystems team can carry out an independent assessment of higher risk areas and create an action plan for solving any issues. Actions may include a deep clean of the area, staff training, or advice on best practice use of machines, floor chemicals or the use and incorporation of different floor products.
- Ensure floors are tested using the correct industry standard for measurement, namely the Pendulum Test. It is the only method recognised by UK courts. If you’ve not had a Pendulum Test done recently, we’d recommend that you do.
- Test floors in both wet and dry conditions. Wet conditions and foot soiling are inevitable in high traffic areas.
- Be aware of how your floors behave under certain conditions, for example, a kitchen floor will have different contaminants (usually oil) to an airport concourse.
- Instil a robust timetable of measurement and inspection. Ensure this is clearly documented and do not ignore any potential risks raised. All risks raised should be investigated promptly and appropriate action taken.
- As specialists in the field of floor care Bonasystems is perfectly placed to offer expert advice, independent assessment, and professional products and services to help businesses stay on the right side of the law.
- With an increased focus on determining the seriousness of offences, a thorough timetable of measurement and inspection, clearly documented, should be in place. Do not ignore any potential risk flags – they should all be investigated.
- Doing nothing will not mitigate against the risk of a fine: inaction is as bad as opting not to take action on the grounds of cost.
Book a free review of your slip management strategy
We would like to invite you to a free review of your current slip management strategy. To register your interest, please complete the form below.