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Health and Safety Solicitors in London

Specialist London Solicitors in Health and Safety cases

At MFI Law Limited we have the expertise in representing clients charged with serious offences. Our London Solicitors are available to represent clients at London Police Stations, Magistrates' and Crown Courts throughout the country.

Sections 2 and 3 of the Health and Safety at Work Act 1974 (HSWA) states:

  1. an offence can be committed by both organisations and individuals and this guideline relates only to organisations.
  2. do not depend on the law of negligence; the key element is a breach of a duty to ensure the health and safety of other persons, or absence of risk to them, whether employees or members of the public affected by the activity of the defendant.
  3. once an absence of safety, or at least a risk to the health or safety of others, is proved by the prosecution, then the burden of proof placed upon the defendant to show that it was not reasonably practicable to do more than was done to comply with the duty.
  4. do not involve the proof of any particular injury or consequence; whilst prosecutions will very often arise where there has been injury or death, the offence does not require proof that that injury or death was caused by the breach; this may well be in dispute even if a breach is proved or admitted.
  5. thus embrace a very wide spread of culpability from the minimal to the very grave.

It is therefore important for employers of an organisation to provide their staff with safe plant, machinery and premises to work from. Certain groups of employees may require more care and supervision than others, for example disabled workers. Employers have to take reasonable steps to ensure the health, safety and welfare of their employees at work. Failure to do so could result in a criminal prosecution in the Magistrates Court or a Crown Court.

Sentencing Guidelines for Health and Safety offences

Maximum Sentence: Fine (no maximum limit) / Compensation and consideration will also be given to costs and remedial orders

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