Only the smallest
The penalties imposed on the 10 convicted companies were all fines, ranging from £4,000 to £90,000, with no consistency in the reasons for why a particular level was deemed appropriate. All the offenders were small firms; as such, their accounts are generally protected by "small firms exemptions", so it has often not been possible to determine their annual profits and turnover.
It is now just over 10 years since the Court of Appeal set out criteria in its Howe1 judgment to help magistrates and judges impose stiffer fines on health and safety criminals. In the ensuing years, the appeal courts have revisited the issue on at least 10 occasions; the guidelines have been formalised and sent to magistrates; and the lord chancellor, ministers and the HSE have all - politely - told magistrates and judges to get their act together.
Over the next two years, the HSE is set to relocate to a single headquarters in Bootle on Merseyside. Health and Safety Bulletin editor Howard Fidderman reports on concerns that the closure of the HSE's London HQ will hamper the ability of the regulator to do its job.