Occupational safety International framework and country guides
What are the penalties for breaking occupational safety rules in the United Kingdom?
Part of: Occupational safety and health in United Kingdom: law, authorities and employer duties
Short answer
In England and Wales most health and safety offences carry an unlimited fine and individuals face up to two years in prison. Company fines follow culpability, harm and turnover (Sentencing Council guideline). HSE also charges £188 an hour for material breaches (2026).
Breaches of UK health and safety law are criminal offences. In England and Wales, most offences under the Health and Safety at Work etc. Act 1974 and its regulations carry an unlimited fine, and individuals can be imprisoned for up to two years on conviction in the Crown Court. Before prosecution, inspectors can serve improvement and prohibition notices, and HSE charges a fee for intervention (£188 an hour, HSE rate for 2026) when it finds a material breach.
Short answer
- Fines: unlimited in England and Wales for breaches of the general duties (HSWA sections 2 to 6) and of regulations, in both the magistrates' court and the Crown Court (Schedule 3A). In Scotland the summary maximum for these offences is £20,000; on indictment the fine is unlimited.
- Imprisonment: up to two years on indictment for individuals, including employees, managers and directors; shorter maximum terms apply in the magistrates' court.
- Directors and managers: personally liable where a company offence was committed with their consent or connivance or was attributable to their neglect (section 37).
- Corporate manslaughter: an organisation whose gross management failure causes a death can be convicted under the Corporate Manslaughter and Corporate Homicide Act 2007, punishable by a fine on indictment.
- Administrative measures: improvement notices, prohibition notices (breaching either is an offence) and the fee for intervention.
- Civil claims for compensation are separate from these criminal penalties.
How courts set fines for organisations
In England and Wales, courts must follow the Sentencing Council's definitive guideline for health and safety offences by organisations, in effect since 1 February 2016. The court places the offence in a culpability category (very high, high, medium, low) and a harm category based on the seriousness and likelihood of the harm risked, then reads the starting point from the table for the organisation's turnover. Actual harm is not required: the offence is creating the risk.
| Organisation (turnover) | Starting point: very high culpability, harm category 1 | Range |
|---|---|---|
| Large (£50 million and over) | £4,000,000 | £2,600,000 to £10,000,000 |
| Medium (£10 to 50 million) | £1,600,000 | £1,000,000 to £4,000,000 |
| Small (£2 to 10 million) | £450,000 | £300,000 to £1,600,000 |
| Micro (up to £2 million) | £250,000 | £150,000 to £450,000 |
The overall offence range in the guideline runs from £50 to £10 million, and for very large organisations the court may go above the large-company range. Aggravating and mitigating factors, a guilty plea and the organisation's means then adjust the figure. Figures are those published in the guideline (page last updated 5 October 2026), checked in November 2026.
Notices and fee for intervention
An inspector can serve an improvement notice requiring a contravention to be remedied within a set time, or a prohibition notice stopping an activity that involves a risk of serious personal injury, with immediate effect if necessary (HSWA sections 21 and 22). Notices can be appealed to an employment tribunal (section 24), and HSE publishes notices and convictions in public registers. Where HSE is the enforcing authority and an inspector writes to a dutyholder about a material breach, the dutyholder pays for HSE's time at the fee for intervention rate, which HSE lists as £188 an hour (updated 1 April 2026).
Who decides on prosecution
HSE and local authorities decide on prosecutions in England and Wales, following HSE's Enforcement Policy Statement. In Scotland, decisions to prosecute are made by the Crown Office and Procurator Fiscal Service (COPFS), to which the regulator reports. Under section 40 of the Act, where a duty is qualified by "so far as is reasonably practicable", the defendant must prove that it was not reasonably practicable to do more.
Example: A medium-sized manufacturer (turnover £30 million) allowed a guard on a press to remain defeated for months despite complaints from operators, and an operator lost two fingers. Ignoring concerns raised by employees and allowing a breach to continue over a long period are listed in the guideline as signs of high culpability. The harm risked (a permanent hand injury, or worse) and its likelihood set the harm category, and because the breach was a significant cause of actual harm the court may move up a category. The fine is then read from the medium-organisation table and adjusted for aggravating and mitigating factors. The supervisor who knew of the defeated guard could be prosecuted under section 7, and a director or senior manager whose consent, connivance or neglect contributed could be prosecuted under section 37.
How the UK compares
In Türkiye, Law No. 6331 sets administrative fines per breach that are re-valued every year, alongside criminal liability under general criminal law. The UK relies mainly on criminal prosecution with fines scaled to the size of the organisation, which can reach millions of pounds.
Related on excodex
- Occupational safety and health in United Kingdom: law, authorities and employer duties
- What is the main occupational safety and health law in the United Kingdom and who enforces it?
- UK Health and Safety at Work etc. Act 1974: duties and HSE enforcement
- Labour inspection, suspension of work and fines in Türkiye
Standards and further reading
- Health and Safety at Work etc. Act 1974, sections 33, 37, 40 and Schedule 3A: https://www.legislation.gov.uk/ukpga/1974/37/schedule/3A
- Sentencing Council, Organisations: breach of duty of employer towards employees and non-employees: https://sentencingcouncil.org.uk/guidelines/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/
- Corporate Manslaughter and Corporate Homicide Act 2007: https://www.legislation.gov.uk/ukpga/2007/19/section/1
- HSE, Fees and charges, current rates: https://www.hse.gov.uk/enforce/charging/rates.htm
- HSE, What is fee for intervention?: https://www.hse.gov.uk/fee-for-intervention/what-is-ffi.htm
- HSE, Enforcement Policy Statement: https://www.hse.gov.uk/pubns/hse41.pdf
This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.
More questions on this topic
- What is the main occupational safety and health law in the United Kingdom and who enforces it?
- Must an employer in the United Kingdom appoint a safety professional or an occupational physician?
- Is a written risk assessment mandatory in the United Kingdom, and how often must it be reviewed?
- How and within what time must a workplace accident be reported in the United Kingdom?
- What OSH training must employers provide to workers in the United Kingdom?
- Are pre-employment and periodic medical examinations required for workers in the United Kingdom?
- Is a safety committee or a worker safety representative required in the United Kingdom?
- How are explosive atmospheres and Ex equipment regulated in the United Kingdom?
Part of: Occupational safety and health in United Kingdom: law, authorities and employer duties