The Health and Safety at Work etc Act 1974 allows for the prosecution of individuals who have committed a health and safety offence or breach within the Act or enabling legislation.
Inspectors aim to identify who has been negligent or ignorant and why.
Prior to prosecution a number of points are considered:
- The severity of the offense
- The general record and approach to health and safety management by the company
- What the resulting effect of a prosecution could have on the company and the message portrayed to the public
- Whether the evidence is suitable for conviction
- If there will be a deterrent effect on other offenders
Public register of convictions
If businesses have been prosecuted for Health and Safety breaches, the details will be available on the Health and Safety Executive website.
- Public register of convictions - HSE website