4. Organisations: Breach of duty of employer towards employees and non-employees/ Breach of duty of self-employed to others/ Breach of Health and Safety regulations

Health and Safety at Work Act 1974 (section 33(1)(a) for breaches of sections 2 and 3), Health and Safety at Work Act 1974 (section 33(1)(c))
Effective from: 01 February 2016

The table below contains a non-exhaustive list of factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point. In particular, relevant recent convictions are likely to result in a substantial upward adjustment. In some cases, having considered these factors, it may be appropriate to move outside the identified category range.

Factors increasing seriousness

Statutory aggravating factor:

  • Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction

Other aggravating factors include:

  • Cost-cutting at the expense of safety
  • Deliberate concealment of illegal nature of activity
  • Breach of any court order
  • Obstruction of justice
  • Poor health and safety record
  • Falsification of documentation or licences
  • Deliberate failure to obtain or comply with relevant licences in order to avoid scrutiny by authorities
  • Targeting vulnerable victims

Factors reducing seriousness or reflecting mitigation

  • No previous convictions or no relevant/recent convictions
  • Evidence of steps taken voluntarily to remedy problem
  • High level of co-operation with the investigation, beyond that which will always be expected
  • Good health and safety record
  • Effective health and safety procedures in place
  • Self-reporting, co-operation and acceptance of responsibility