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PRODUCTION MANAGEMENT: Ten health and safety myths.

Article Excerpt
The significance of health and safety law continues to grow, catalysed by the new Corporate Manslaughter Act 2008 and the relatively unnoticed Health and Safety (Offences) Act 2008. Stuart Ponting, specialist health and safety solicitor looks at some of the continuing mysteries surrounding health and safety law.

Health and safety is so misunderstood these days that even the Health and Safety Executive has embarked on a campaign entitled 'Putting the record straight' in an attempt to stop health and safety myths becoming urban legend. However, whilst the HSE tries to play down the ever- increasing impact of health and safety issues on businesses, a significant number of misconceptions about the serious consequences of getting health and safety issues wrong still exist.

Myth One: Health and safety law enforcement is just a bit more red-tape and form-filling.

So many think that the enforcement of health and safety is like getting a parking ticket. But the sharp end of health and safety law enforcement is dealt with by the Health and Safety Executive through the Criminal Justice System, not by civil servants in local government or in the 'health and safety department' of the local council. In plain English, we are talking about the good old-fashioned criminal law. If a business is prosecuted by the HSE, it is prosecuted in the Magistrates Court or the Crown Court. Just like any other criminal prosecution, these cases usually involve solicitors, barristers, judges and juries, money and time. Companies who are prosecuted by the HSE often believe that they can negotiate or...

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