With effect from 24^th April 2017, The Sentencing Council will introduce new higher penalties for the most serious speeding offences. This means fines for offenders will have a starting point of 150% of weekly income rather than the existing level of 100% of weekly income.

Steps 1 & 2 – Determining the offence seriousness

(The starting point applies to all offenders irrespective of plea or previous convictions)

Speed Limit (mph)	Recorded Speed (mph)
20	41+	31 – 40	21 – 30
30	51+	41 – 50	31 – 40
40	66+	56 – 65	41 – 55
50	76+	66 – 75	51 – 65
60	91+	81 – 90	61 – 80
70	101+	91 – 100	71 – 90
Sentencing Range	Band C Fine	Band B Fine	Band A Fine
Points/Disqualifications	Disqualification 7-56 days or 6 Points	Disqualification 7-28 days or 4-6 Points	3 Points

Band Ranges

	Starting Point	Range
Fine Band A	50% of relevant weekly income	25-75% of relevant weekly income
Fine Band B	100% of relevant weekly income	75-125% of relevant weekly income
Fine Band C	150% of relevant weekly income	125-175% of relevant weekly income
Fine Band D	250% of relevant weekly income	200-300% of relevant weekly income
Fine Band E	400% of relevant weekly income	300-500% of relevant weekly income
Fine Band F	600% of relevant weekly income	500-700% of relevant weekly income

The Court will then consider any further adjustment for any aggravating or mitigating factors. The following non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. The Court will identify whether any combination of these, or other relevant factors should result in an upward or downward adjustment from the sentence arrived at so far.

Factors increasing Seriousness

Statutory aggravating factors:

• Previous convictions, having regard to
  • The nature of the offence to which the conviction relates and its relevance to the current offence; and
  • The time that has elapsed since the conviction
• Offence committed whilst on bail

Other Aggravating factors:

• Offence committed on licence or post sentence supervision
• Poor road or weather conditions
• Driving LGV, HGV, PSV etc
• Towing caravan/trailer
• Carrying passengers or heavy load
• Driving for hire or reward
• Evidence of unacceptable standard of driving over and above speed
• Location e.g. near school
• High level of traffic or pedestrians in the vicinity

Factors reducing seriousness or reflecting personal mitigation

• No previous convictions or no relevant/recent convictions

• Good character and/or exemplary conduct

• Genuine emergency established

 

Step 3 – Consider any factors which indicate a reduction, such as assistance to the prosecution

• The Court will take into account sections 73 and 74 of the Serious Organised Crime and Police Act 2005 and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator.

 

Step 4 – Reduction for guilty pleas

• The Court should take account of any potential reduction for a guilty plea in accordance with section 144 of the Criminal Justice Act 2003 and the Guilty Plea guideline.

 

Step 5 – Totality principle

• If sentencing an offender for more than one offence, or where the offender is already serving a sentence, the Court will consider whether the total is just and proportionate to the overall offending behaviour in accordance with the Offences Taken into Consideration and Totality guideline.

 

Step 6 – Compensation and ancillary orders

• In all cases, the Court should consider whether to make compensation and/or other ancillary orders

 

Step 7 – Reasons

• Section 174 of The Criminal Justice Act 2003 imposes a duty to give reasons for, and explain the effect of, the sentence.

Useful Information

Health Risks at Work – do you know yours?

The Health Risks at Work initiative provides simple, concise information to help small businesses manage five key health at work risk areas:

• Breathing
• Skin
• Muscles, bones and joints
• Hearing and touch
• Wellbeing

For more information on the Campaign visit Safety Groups UK

Find your local Safety group by visiting Local Safety Groups

Clean Air – Take Care

Clean Air? – Take Care! is a new joint initiative between the British Safety Industry Federation (BSIF) and HSE aimed at reducing occupational lung disease. The initiative is centred on a range of national activities and seminars designed to raise awareness among RPE users, employers, fit testers and advisors on the correct selection, deployment, use, maintenance and storage of RPE. More information including campaign videos, posters and campaign documents visit British Safety Industry Federation’s Webpages.

Free-to-download Safety Wizard app.

RNF Digital Innovation has developed an app designed to help small and medium sized businesses (SMEs) meet their health and safety requirements. The free-to-download Safety Wizard app, drawn directly from the HSE Toolbox guidance offers SMEs a solution to help navigate a vast array of health and safety information.

Fine for two companies following asbestos investigation in Surrey

Two companies have been fined after unsafe asbestos work was carried out on a property in Leatherhead, Surrey.

Electricity supplier fined after workers death

Electricity North West Ltd has been fined £900,000 after a worker died from falling six metres while carrying out routine maintenance of power lines.

Construction company fined after worker loses fingers

Coldmac Limited has been fined after one of its workers suffered life changing injuries to his hand which required surgical intervention.

Laing O’Rourke fined £800,000 after worker fatally crushed at Heathrow Airport

A construction firm has been sentenced following the death of Philip Griffiths at Heathrow Airport in October 2014.

Roofing companies fined after worker fell through skylight

Two roofing companies have been fined after a worker fell nine metres through a skylight onto concrete flooring below.

Principal contractor fined for safety failings

A London based construction company has been fined for safety failings after complaints from the public

Recycling company fined after worker crushed

Arrow Recycling Ltd has been fined after a worker was left fighting for his life after being crushed by about 400kg of cardboard.

Electrical appliance company fined after worker’s death

Whirlpool UK Appliances Limited has today been fined after a self-employed contractor fell from a mobile elevated work platform (MEWP) and later died from his injuries.

Partnership fined following death of long-serving farm manager

A farming partnership has been fined £60,000 following the death of a farm manager in Staffordshire.

Suspended prison sentence for Plymouth man undertaking illegal gas work at tenanted property

An unregistered gas fitter has been sentenced for illegally carrying out gas safety work at a rented house.

Trailer firm fined after worker injured between vehicles

A Bedfordshire trailer firm has been sentenced after an employee suffered crush injuries when he was trapped between a lorry’s cab and a trailer.

Health and safety events focus on sectors

Great Britain’s independent safety and health regulator is holding a series of events across the country to look at what businesses can do to look after people at work.

Paper recycling company fined after worker’s death

Recycle Paper UK Ltd has been fined after a worker was thrown from a fork lift truck and died as a result of the injuries he sustained

Firm fined after worker injured when pipe fell into trench and struck him

An Essex company who are specialists in gas infrastructure have been fined after an employee suffered serious injury when a pipe fell into the trench he was working in and struck him.

Engineering firm fined after worker crushed in machinery

Moy Park Ltd has been fined after a worker was injured at the company’s site in Anwick near Sleaford, Lincolnshire

Company fined after worker suffers hand injuries

PD Lift Services Limited has been fined £36,000 after a worker lost his thumb while working on passenger lifts in north London.

Bakers fined after workers suffer hand injuries

Penrith based bakery Bells of Lazonby Limited has been fined after two workers suffered hand injuries while operating machinery on site.

Manchester Hostel owners sentenced over asbestos failings

Two family run companies have been fined after admitting health and safety failings at a site in Manchester, where they were carrying out a basement conversion.

Electrician fined after apprentice left with life changing injuries

A Birmingham electrician has been ordered to carry out unpaid work in the community after his trainee fell three and a half metres through a plasterboard ceiling.

Company sentenced after worker loses finger in machinery

A cable manufacturing company has been sentenced today for safety breaches after a worker suffered the loss of his left little finger.

South Devon engineer sentenced for unregistered gas work

An unregistered plumber has been sentenced after conducting gas work and leaving it in a dangerous state.

Two construction companies fined after worker electrocuted

BAM Construction Limited and Shoreland Projects Limited have been fined after a man suffered multiple life changing injuries including severe burns to his neck.

Haulage company fined after worker crushed

Bryan Alexander Ltd has been fined after one its workers was crushed by a hydraulic extension on one of its vehicles on the roadside in Plymouth.

Essar Oil UK Limited fined after explosion at Ellesmere Port refinery

An oil company has been fined £1.65m following an explosion at its Stanlow refinery in Ellesmere Port.

Engineering company fined after worker crushed

Multi-Stroke Ltd has been fined after a worker’s left hand was crushed, causing him to lose his thumb, index and middle fingers

Updated 05.04.2017:

Sentence after historic home butler fatally crushed in lift incident

The operators of one of Britain’s most iconic stately homes have been sentenced after a domestic servant was crushed to death by a lift.

London council fined after school injury

Islington Borough Council has been sentenced after admitting a role in an incident at a London school where a boy was left with serious hand injuries.

Care worker imprisoned after the death of service user

Nikki Deaney, a former care worker at Springwood Day Centre, has been sentenced after the death of service user Majid Akhtar.

Contractor fined for poor asbestos assessment

A Bedfordshire based contractor has been fined after failing to carry out suitable assessment of asbestos removal work.

£600,000 fine for Council contractor after major burns to employer

Gloucester Crown Court heard the 61-year-old man was working at the site on Eastgate Street on 29 May 2015. While trying to replace the traffic light pole he came into contact with a live underground cable which immediately gave him the electric shock …

Asbestos

01/03/17: Contractor fined for poor asbestos assessment

Further information

Asbestos health and safety

Chemical/ Substance Exposure

27/02/17: Boat builders fined after worker suffers burns

Further information

COSHH

Demolition

15/03/17: Construction worker seriously injured in wall collapse

Further information

Structural stability

Electricity

08/03/17: £600,000 fine for Council contractor after major burns to employer

Further information

Electricity – underground cables

Falling Objects

06/03/17: £300k fine for concrete firm after employee has leg amputated

Further information

Vehicles at work

Roofwork/ Working at height

20/03/17: Partnership fined following death of long-serving farm manager

14/03/17: Construction firm fined after worker fell from height

07/03/17: Construction company fined after worker fell from height

06/03/17: Company and self employed contractor sentenced for lift shaft death

28/02/17: Balfour Beatty fined for safety failings

24/02/17: Oldham building contractor in court over fall from height risk

22/02/17: London construction firm fined after workers injured

22/02/17: Estate agents fined after member of the public fell down a well

 

When cutting roof tiles, workers are exposed to respirable crystalline silica (RCS).  This dust, if breathed in, causes severe lung diseases such as silicosis. HSE have produced a video of the effects of silicosis on people’s lives. To view a video on the impact of silicosis visit HSL’s Case Studies Webpage.

For more information on silicosis and lung disease visit HSE’s Lung Disease Webpages.

HSE has identified reducing incidents of ill health as one of the top three strategic priorities for the next three to five years as set out in the construction sector plan, Occupational Lung Disease is a particular focus.

Become a member of the Helping Great Britain work well LinkedIn discussion group and network. You can comment on our strategies and plans, share ideas and tell us what you are doing to help improve Britain’s record on work-related health

updated 22.03.2017

HSE issues MOD with Crown Censure over driver death

The Ministry of Defence (MoD) has been issued with a Crown Censure by the Health and Safety Executive (HSE) after an agency driver, working for the MoD, was fatally injured by a reversing vehicle.

London council fined after school injury

Islington Borough Council has been sentenced after admitting a role in an incident at a London school where a boy was left with serious hand injuries. 

Flashback arrestors are a legal requirement on oxy-acetylene sets

The regulations pertaining to the use and maintenance of oxy-acetylene equipment were updated in late 2014 under The Acetylene Safety (England and Wales and Scotland) Regulations 2014 and included a new mandatory requirement to use suitable flashback arrestors.

There is concern that the requirement to use flashback arrestors may not have been fully implemented by all welding operators.  The requirement for flashback arrestors is a reasonably practicable control of the risk and that is why the law requires them.  Please ensure you and your workers are protected by fitting the arrestors. 

Free advice on the law and best practice in this area is available from the BCGA on its Welding Matters Webpage

Clean Air? – Take Care!

Clean Air? – Take Care! is a new joint initiative between the British Safety Industry Federation (BSIF) and HSE aimed at reducing occupational lung disease. The initiative is cantered on a range of national activities and educational seminars designed to raise awareness among RPE users, employers, fit testers and advisors on the correct selection, deployment, use, maintenance and storage of RPE. More information including campaign videos, posters and campaign documents visit British Safety Industry Federation’s Webpages.

Health Risks at Work – do you know yours?

The Health Risks at Work initiative provides simple, concise information to help small businesses manage five key health at work risk areas:

• Breathing
• Skin
• Muscles, bones and joints
• Hearing and touch
• Wellbeing

For more information on the Campaign visit Safety Groups UK

Find your local Safety group by visiting Local Safety Groups

Uxbridge manufacturer fined after workers develop debilitating lung conditions

An Uxbridge manufacturer of ejector seats has been fined £800,000 after three workers developed debilitating lung conditions. Three skilled CNC machine operators developed extrinsic allergic alveolitis after many years of years of exposure to the mist of working metal fluid. More information on the fine visit HSE’s Press Release. 

More information on extrinsic allergic alveolitis and metalworking fluids visit HSE’s Website.

Worker injures hand in drilling machine

An Essex castings company has been fined £250,000 with £12,632.92 costs after a worker suffered injury to his hand when it was dragged into a drilling machine and required skin grafts. More information on the accident and fine can be found on HSE’s Press Release.

Bedford Metal company fined

Bedfordshire metal company has been fined £130,000 with £2,456 costs for safety breaches after an agency worker suffered severe leg injuries and lost most of his foot. He was was injured when a trolley carrying metal stock fell on his legs causing severe injuries. More information on the accident can be found on HSE’s Press Release.

By Angela Southall Posted March 9, 2017  In Fee For Intervention, Health and Safety Legislation And Guidance, Risk Assessment

In order to improve associated death and injury statistics, the HSE and Local Authority inspectors are tasked with focusing on the following priority areas within businesses in 2017:

1. Falls from height – work on/adjacent to fragile roofs/materials
2. Health risks – respirable silica dust exposure
3. Duty to manage asbestos
4. Construction

What does this mean in practice for businesses?

A health and safety inspector may visit a business if its work activities fall within any of these focus topics. This visit may focus solely on these topic areas or form part of a routine inspection where all areas of risk are looked at, but with greater emphasis on these focus topics.

Businesses may think that if their primary activities are not listed above, that they are safe from an inspector’s visit, but this is unfortunately not the case. This makes it even more paramount that businesses stay on top of their health and safety management, especially with the new sentencing guidelines in place.

What do inspectors look for?

1. Falls from height – work on/adjacent to fragile roofs/materials – Fragile roofs/skylights etc. are common place in workplaces. Inspectors will be looking at and questioning business owners on how repair and maintenance work (e.g. gutter cleaning) is performed.
2. Health risks – respirable silica dust – dust, containing harmful respirable crystalline silica (RCS), can be generated during common operations such as block cutting, chasing brickwork and cutting concrete floors. There is detailed HSE guidance for controlling this dust. Inspectors will be looking at whether there is any minor construction work going on at a business that could generate this dust and whether this is effectively controlled in accordance with the guidance. This also applies to routine business operations that create this dust, such as granite cutting, where again, the focus will be checking controls are adequate.
3. Duty to manage asbestos –Buildings built before 2000 may contain asbestos. Inspectors will be checking to see whether the risk of asbestos in the building has been assessed, whether an asbestos survey has been conducted and a management plan with necessary monitoring put in place. They will also look for any minor construction work going on that breaches the fabric of the building without a proper asbestos survey and effective controls in place.
4. Construction – The construction sector includes building construction, trades and civil engineering and whilst improvements have been made to reduce the injury statistics, the fatal and major injury statistics remain high. The key risk areas inspectors will focus on in this sector are exposure to asbestos, silica dust, and paint and diesel exhaust fumes. Furthermore, exposure to dust, fume, vapour or gas, and dermatitis risk, along with manual handling, noise and vibration are all focus areas in this sector.

What can the inspector do?

The purpose of inspection is to assess how well businesses are managing these health and safety risks and, where they are not, to bring about improvements to achieve this.

Inspectors have a range of enforcement tools they can use to achieve improvement but must be proportionate to the level of risk and used in accordance with their enforcement policy.

This can range from verbal and written advice, through to Improvement Notices, Prohibition Notices and/or prosecution. Under the Fees for Intervention (FFI) cost recovery scheme, the HSE can charge you for their time for inspection, investigation and enforcement action.

Three tips to stay one step ahead

1. Be prepared by making sure you have considered the risk of asbestos in your building if it was built before the year 2000. Building owners or landlords may need to invest in an asbestos survey and act upon the results.
2. Prior to employment of contractors for work at height or minor building works, make sure you check their risk assessments, method statements, insurance, professional membership and references. It is your responsibility to engage a suitable contractor.
3. For those involved in processes generating respirable crystalline silica (RCS), ensure you effectively follow the HSE guidance for controlling this dust.