Penalties
 
What can happen if you fail to meet your statutory obligations?

This is quite straightforward – they only imprison directors!

That may sound harsh but that is the truth. The tasks of looking after health and safety may be (and often are) pushed down to middle or junior management level. But the responsibility stays at director level. And ignorance is absolutely no defence. The penalties for not adhering to these legal responsibilities can be draconian:

Imprisonment:  An extreme case but on average a director of a company is jailed every month.

Closure of premises:  Premises can be closed, locked up and nobody allowed in until all health and safety matters are put straight. Many companies have gone intro liquidation during this period.

Heavy fines:  Companies can be fined more than £100,000 without an accident occurring if it is deemed that there is real danger that one might occur. Penalties and damages involving critical accidents are unlimited and at the discretion of the courts.

Removal of directorship status:  You can be banned for indefinite periods (5 years is the norm) from being a director of any company.

Insurance non-payout : Insurance companies will put in loss adjusters to all major claims and where health and safety regulations have been breached they are increasingly making only partial or non-payments. Check with your insurance company if you are sceptical.

Loss of business:  Problems with health and safety are normally well publicised and can often result in customers taking their business elsewhere as they do not wish to be “tarred with the same brush”.

So, if you are totally confident that you are fully covered –fine. But, if not, take a free consultation. And get yourself or another director involved.

It really is in your own interest!

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