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Tougher penalties for Health and Safety Offences

A move to introduce tougher penalties for health and safety offences will place greater pressure than ever on directors and senior managers. The Health and Safety (Offences) Bill, which received widespread support in the House of Commons and is now due to go before the House of Lords, could mean directors facing prison sentences over incidents for which they were not directly responsible.

The private member’s bill, introduced by MP Keith Hill, will effectively raise the maximum fine which could be imposed in the lower courts for most health and safety offences to £20,000 and allow some offences to be tried in higher courts, which have the power to pass even stiffer penalties. It would also make prison an option for most health and safety offences — currently it is only an option in certain cases. It is the fifth time a Bill has attempted to raise penalties for health and safety offences but the first time one looks likely to be passed.

Coming so soon after the introduction of the Corporate Manslaughter Act, this places a further burden of responsibility on business leaders. Directors and Managers should be taking all necessary measures to protect their position, including ensuring that all the right policies and procedures are in place and that there is a clear chain of command with regard to health and safety.
Read the Health and Safety (Offences) Bill (PDF)

Workplace gas and electricity bills on the rise

Households that spend more than 10% of their income on fuel are designated as being in “Fuel Poverty”, but almost one in five small businesses are spending more than 10% of annual turnover on energy bills — with a further 22% approaching the threshold. The Carbon Trust, a government-backed organisation that promotes the efficient use of energy, estimates that many businesses could cut energy costs by 20 per cent.
More on Business Link’s practical advice for business.

Bosses must be “bullet proof”

Chief Executives, Managing Directors and anyone who has a responsibility for staff who drive for work must ensure they are “bullet proof” in any police investigation following a fatal work related crash.

Each week there are 200 road deaths and serious injuries with work related fatalities the biggest cause of death at work, said Graham Feest, AIRSO secretary. Companies can save lives, improve performance and cut costs. With one third of the 3,000 road deaths being work related, senior managers, directors and fleet managers would be interviewed under caution while investigators tried to prove senior management failure.

For more information contact the TTC Group on 0845 270 4363.
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Heavier fines on tax forms

Take care to get your tax right now, as you may incur a penalty for errors made during 2008/09 and later years. HM Revenue & Customs (HMRC) is introducing tax legislation to make the tax system simpler and more consistent. It establishes new penalties which aim to help people who try to get it right — and come down hard on those who don’t. Previously HMRC had a confusing variety of penalty charging powers.

Under the new penalties:

• If people take reasonable care when completing their returns they will not be penalised, even if they do make a mistake.
• If people do not take reasonable care, errors will be penalised, and the penalties will be higher if the error is deliberate.
• Disclosing errors to HMRC early will substantially reduce any penalty due.

The new penalties are initially for errors on returns and documents for VAT, PAYE (Pay As You Earn), National Insurance, Capital Gains Tax, Income Tax, Corporation Tax and the Construction Industry Scheme. Self Assessment taxpayers are affected as well.

For these taxes, the penalties apply to returns or other documents for return periods starting on or after 1 April 2008 that are due to be filed on or after 1 April 2009.
More information on the new penalty regime