Negligent employers face heavier penalties under new health and safety legislation that comes into force this month in the UK.
The Health and Safety Offences Act (2008) increases fines for breaking safety laws from GBP5,000 (USD7,113) to GBP20,000 (USD28,400) and employers could find themselves imprisoned under the new legislation which received Royal Assent last October.
Judith Hackitt, chair of the Health and Safety Executive (HSE), says the law should act as a real deterrent to those businesses and individuals that do not take their health and safety responsibilities seriously.
"Everyone has the right to work in an environment where risks to their health and safety are properly managed, and employers have a duty in law to deliver this."
Hackitt says that employers who conduct regular employee training and ensure employee safety have nothing to fear from the law.
"There are no new duties on employers or businesses and HSE is not changing its approach to how it enforces health and safety law," she notes.
"We will retain the important safeguards that ensure our inspectors use their powers sensibly and proportionately. We will continue to target those who knowingly cut corners, put lives at risk and who gain commercial advantage over competitors by failing to comply with the law."
UK risk and safety consultancy Norwich Union Risk says professionally delivered training is even more important now that the act has been implemented.
The company comments that training for routine tasks, including working at height, is often not given the priority that is required, which could prove damaging now the courts have the power to impose unlimited fines.
Steve Morgan, training provider for UK-based Associated Trainers, says even though a new law is in place, the Health and Safety Executive does not have enough people or resources to educate employers when it comes into force.
"Most employers try to comply as best they can but are still ignorant of all the laws and guidelines that they must comply with."
Morgan says most employers do not see or hear from their local environmental health people or HSE inspectors. "Too little is done to educate employers in simple ways in how they can comply with health and safety laws.
"Unless an employer is large enough to have a health and safety consultant or employ their own health and safety experts, there will always be cases of people having accidents," he explains. "These accidents could have been avoided if employers fully understood and were aware of best practices and how they could fully comply so far as reasonably practicable with all health and safety laws."
Morgan believes it will be up to training providers to educate companies about the changes to the law because the HSE does not have the resources to do so.
"I think in light of the current economic state in the UK, employers and employees will continue to breach the laws through ignorance," he says.
While some companies may struggle with to comply with safety legislation, Linde Material Handling views health and safety as an ongoing concern and has introduced processes to ensure that risks are continually assessed and minimised.
Paul Green, safety and environmental advisor at Linde Material Handling, says the new Health and Safety Offences Act (2008) has been designed to give the courts more power to prosecute companies that do not adhere to health and safety laws.
"While the modern materials handling industry is inherently safe and fully compliant with a raft of legislation covering every operational aspect, it is a medium-risk work place.," he explains.
"As a result health and safety legislation is well established within the industry and this new act is merely the latest amendment."
New Linde employees go through a full induction and basic training on the first day. They learn emergency protocols such as first aid procedures and how to evacuate in the event of a fire. Those working in the warehouse sector will also be trained on how to wear, clean and repair protective clothing and how to safely use and maintain their equipment.
Green say health and safety was always a priority at Linde long before the new Offences Act was passed "and it continues to be so."
To ensure safety of workers Linde has implemented a intranet-based risk assessment system that is currently used at the Basingstoke plant.
This year, the company will introduce a PC-based driver training program that will become mandatory for all company car users.