Regulatory Outlook

Health and safety | UK Regulatory Outlook June 2024

Published on 26th Jun 2024

UK general election 2024: health and safety aspects | H&S prosecutions remind businesses of severe fines they could face for breaches

UK general election 2024: health and safety aspects

Focusing on the manifestos and statements of the Conservatives and Labour ahead of the UK general election on 4 July 2024, below are the main themes as to what is on the leading parties' agendas for health and safety issues.

If elected, both the Labour and Conservative parties have pledged to implement Martyn's Law, aimed at enhancing the security of public events and venues to better protect against terrorist attacks.

Labour goes further than the Conservatives with regard to workplace health and safety, outlining its intention to introduce its "Make Work Pay: Delivering a New Deal for Working People" plan. Within this, the party promises to introduce legislation within the first 100 days to enhance health and safety at work. Labour plans to conduct a comprehensive review of current health and safety protocols, with a particular focus on modernising them. This includes updating guidelines to account for extreme working temperatures, ensuring workers are protected across various sectors. Additionally, Labour seeks to engage with employers, trade unions, and other stakeholders to improve the overall wellbeing of workers, addressing both physical and mental health concerns, as well as providing support for those experiencing long Covid symptoms.

The Conservative Party's manifesto has not detailed specific workplace health and safety reforms and had not had this on its legislative agenda when in power.

We wait to see whether the next government sets out its plans for health and safety priorities at the King's Speech on 17 July.

H&S prosecutions remind businesses of severe fines they could face for breaches

Recent reports from the Health and Safety Executive (HSE) highlight the severe penalties businesses can face for health and safety breaches. Fines exceeding a million pounds have been issued in three separate prosecutions this month.

Openreach Limited was fined £1.34 million after an engineer died while attempting to cross a river to repair a phone line. The HSE investigation revealed a lack of a safe system for working near water, with no appropriate training or instructions provided to the workers. The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

In another case, Tata Chemicals Europe Limited faced a £1.125 million fine after a man died from injuries sustained while erecting a scaffold tower in a live chemical plant. The HSE found no permit for the hazardous work, insufficient risk assessment, and a failure to inform workers of the chemical risks present. The lids to the trough containing dangerous chemicals were also inadequately sealed. The company, which had a history of health and safety failings, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974.

Additionally, BAM Nuttall Limited was fined £2.345 million after a worker died when the boat he was in while removing debris from weir gates capsised. The HSE investigation found that the company had failed to manage the water flow at the weir, despite having trained personnel who could have safely controlled the gates. BAM Nuttall Limited also pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

These cases underscore the HSE's commitment to enforcing against health and safety standards and the substantial financial consequences that companies can face if they do not comply.

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* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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