Average health and safety fines up by over a third - but penalties still need to be tougher, warns HSC Chair

HSE Press Release E216:02 - 18 November 2002

Today the Health and Safety Executive (HSE) published its Offences and Penalties Report for 2001/02, which identifies almost 900 companies, organisations and individuals convicted of health and safety offences during 2001/2002.

Of the 1,064 cases prosecuted by the HSE, more than 84 per cent resulted in conviction. The average fine for health and safety cases across Great Britain increased by 39 per cent, from £8,790 in 2000/01 to £12,194 in 2001/02. This rise is mainly due to a marked increase in penalties handed down by the higher courts, where fines are unlimited. The lower court average fine is almost unchanged.

There were substantial increases in average fines for the construction (62 per cent rise), manufacturing (47 per cent rise) and mining and quarrying industries (20 per cent rise). The average fine in the services and agricultural sectors remained largely unchanged.

The report is available on: http://www.hse.gov.uk/action/content/off01-02.pdf while full details of convictions are available on the HSE's prosecutions database at: http://www.hse.gov.uk/prosecutions

Health and Safety Commission (HSC) Chair Bill Callaghan said:

"Health and safety offences are serious crimes. They can cause extreme pain and grief to the victims and their families and it is vital that the level of fines reflects this. While I would prefer not to see incidents and injuries happen in the first place, I am very encouraged to see that the average level of fines in 2001/02 rose by nearly 40 per cent. This sends out a strong message to the small minority of employers who do not take their health and safety responsibilities seriously".

Mr Callaghan went on to sound a word of caution:

"In general, fines for health and safety offences have been too low in the past. It is of course for the courts to decide what penalties should be imposed, but I very much hope that this is the start of an upward trend, rather than a one-off.

He concluded by saying:

"HSE's policy has been to publish details of all convicted health and safety offenders on its prosecutions database. Corporate reputation is an increasingly important business issue - and customers, investors and insurers are more than ever before taking notice of an organisation's health and safety performance. We make no apologies for encouraging them to sit up when that performance falls well short of what the law requires."

Commenting on the report, HSE's Director General Timothy Walker said:

"HSE is an effective enforcer, targeting serious risk and prosecuting the worst offences. I am pleased to note both the high conviction rate in the courts and the fact that the average level of fines has increased. Most employers have a responsible attitude towards protecting the health and safety of their workers. But for those who do not, we will continue our efforts to make them accountable through prosecution in the courts."

Notes to editors

1. This year's report (which will only be available on HSE's website) includes a direct link to the list of offenders for 2001/2002. The list includes some of the UK's biggest companies, as well as small firms, local authorities, hospitals, universities and individuals. HSE's prosecutions database, which was launched in 1999, continues to provide further details of each conviction.

2. In 2001/2002, HSE visited 234,000 employers and other health and safety duty holders, carrying out planned inspections, or investigating reported incidents or complaints. These visits resulted in HSE serving 11,009 improvement and prohibition notices, and 1,064 prosecution cases, involving 2,035 separate charges. This demonstrates proportionate enforcement.

3. In England and Wales, the health and safety enforcing authorities, HSE and local authorities, bring health and safety prosecutions to court. In Scotland, the health and safety enforcing authorities recommend prosecution to the Crown Office and Procurator Fiscal Service, who decide whether to bring cases and also conduct them.

4. Average fines 'per offence prosecuted' in 2001/2002 rose by 33% from £6,226 in 2000/2001 to £8,284 in 2001/2002. In England, average fines rose by 19% from £6,526 in 2000/2001 to £7,792 in 2001/2002; In Wales, the average fine increased 100% from £4,135 to £8,287; and in Scotland, average fines are up by 120% from £5,510 in 2000/2001 to £12,132 in 2001/2002 (this was largly due to two very large fines totalling £1m, which affected the overall average).

5. The average fine for offences prosecuted in 2001/2002 by sector, saw Construction increase 62% from £4,692 in 2000/01 to £7,594 in 2001/02; Manufacturing rose 47% from £6,158 in 2000/01 to £9,083 in 2001/02 and; Extractive Industries increased 20% from £14,589 in 2000/01 to £17,550 in 2001/02. Service Industries (£9,468 in 2000/01 to £8,832 in 2001/02) and Agriculture (£2,090 in 2000/01 to £2,072 in 2001/02) remained largely unchanged.

6. The HSE Offences and Penalties report is part of a wider initiative to make information on health and safety failures publicly accessible. Additional information on convictions since 1 April 1999 can be found on HSE's website in the public register of convictions. A register giving information on improvement and prohibition notices issued by HSE is also available on the web site at:http://www.hse.gov.uk/prosecutions

7. The Revitalising Health and Safety initiative, launched on 7 June 2000 by the Deputy Prime Minister, John Prescott, and HSC Chair, Bill Callaghan, aims to achieve - by the year 2010 - the following targets: reduce the incidence of working days lost from work-related injury and ill-health by 30 per cent; reduce the incidence of people suffering from work-related ill-health by 20 per cent; and reduce the rate of fatal and major injuries by 10 per cent

. There is an additional target to achieve half of each improvement by the year 2004.

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