Environmental & Health and Safety Legislation
One of the most time consuming and most difficult challenges of an organisation is identifying the applicable legislation to your business. There is so much that can go wrong when organisations fail to understand applicable laws. Fines are being issued to organisations weekly due to applicable legislation not being identified and applying it in practice throughout the organisation. Organisations operating Management Systems to ISO 14001:2015 and ISO 45001:2018 are required to identify the applicable legislation and then carry out a compliance audit to confirm if the organisation is meeting its legislative obligations.
Major effects on the environment can result in organisations not complying with environmental legislation. Fatal and nonfatal injuries can occur from not identifying the correct legislation and implementing health and safety practices in accordance with specific legislation. As well as affecting human health, there are also other situations to consider.
Environmental Fines and Imprisonment
Most breaches of environmental law are criminal offences. The penalties are usually a fine and/or imprisonment. For cases tried in the:
- Magistrates’ court, the maximum penalty is usually a fine of £20,000 or £50,000 and/or six months’ imprisonment.
- Crown Court, the maximum penalty is usually an unlimited fine and/or two years imprisonment.
The regulators can also prosecute the business’ directors, managers, secretary or other similar officers (or person purporting to act in any such capacity), if it can be shown the offence was committed with their consent or connivance or was attributable to their neglect.
Health and Safety Fines and Imprisonment
Employers have a duty to ensure the health and safety of their employees and members of the general public when they are on business premises. The Health and Safety Executive (HSE) bring prosecutions against hundreds of firms each year for breaching health and safety legislation, and penalties can be severe.
Officers of the company can be held personally liable for breaches in health and safety regulations, and HSE may prosecute the company and its officers at the same time. The consequences of being found guilty of health and safety errors can include imprisonment in the most serious cases, as well as disqualification as a company director for up to 15 years.
HSE fines of up to £20,000 are common, and in cases of serious negligence they can be unlimited. This has serious implications for the future, potentially resulting in company insolvency and personal bankruptcy.
2018/2019 Health and Safety Enforcement Statistics can be viewed here: https://www.hse.gov.uk/statistics/enforcement.pdf
In addition to potential deaths, injuries, environmental damage, imprisonment and fines; the organisation will also suffer through:
- Damaged reputation;
- Bad publicity (television, newspapers, social media etc.);
- Increased insurance premiums;
Poor staff moral;
- Loss of customers;
- Loss of suppliers;
- Increased production down time
How we can assist
By working with Dynamik and our expert consultants, we can potentially save your organisation tens of thousands of pounds; along with the stress and the number of working hours lost researching. Never mind keeping your owners out of prison!
Dynamik will visit your organisation and complete a thorough check of the activities you are involved with. We will then identify the applicable legislation that applies to your organisation’s activities and build a bespoke register. The register will identify the legislation that is applicable, a direct link to the legislation and a summary of what the legislation means to your organisation. We can complete this for both Environmental and or Health and Safety Legislation
We will then visit your organisation and complete an Environmental / Health and Safety compliance audit against the legislation identified and provide you with a report of where you are meeting legislation and where you are not. We can then assist you with any action steps post audit.
To ensure you are meeting the current legislation, please contact us today for a quotation by using the below enquiry form.