Health and safety prosecutions surge by 49 per cent in past year

A huge rise in the number of health and safety court cases in Scotland could be a sign of things to come, a litigation lawyer has warned.

The Health and Safety Statistics annual report revealed that, in 2014-15, the Crown Office and Procurator Fiscal Service (COPFS) prosecuted 72 cases in Scottish courts, a 49 per cent rise on the previous year and secured a 97 per cent successful conviction rate.

Laura Cameron, head of litigation at Pinsent Masons said the statistics showed there would be no hiding place for companies that fall foul of health and safety legislation.

She said: “The rise in prosecutions brought in Scotland is remarkable and demonstrates the commitment of the Crown Office to tackling such crime.

“Health and safety is clearly a priority for the authorities and a further increase over the next year in the number of cases being prosecuted would not be unexpected.

“Board rooms across the country should be taking note, and if they are not already doing so, should be pushing health and safety issues to the top of their agenda.”

The introduction of the Sentencing Guidelines in England and Wales will almost certainly have an impact in Scotland, said Ms Cameron.

“These are expected in February 2016 and they are set to increase penalties to a maximum of £20 million for corporate manslaughter cases. Organisations should ignore health and safety at their peril.”

In the past year, notable health and safety cases dealt with include the imprisonment of skipper Guthrie Melville after the death of diver James Irvine in Largo Bay, a £30,000 fine handed to auction firm Lawrie and Symington over the death of an employee, and a £200,000 fine against SW Global Resourcing after a worker fell to his death from a cherry-picker.

Ms Cameron added: “As yet there has been no corporate homicide case brought in Scotland but the Crown Office will be casting a sharp eye over incidents which match the criteria for a potential prosecution.

“Now more than ever businesses have to ensure their regulatory and compliance procedures are all they should be and meet the highest of standards.”