UK Law and Practice Contributed by: Lisa Lunt and Sarah Samuel, Fletchers Solicitors
Each party is required to act independently when it becomes aware of a relevant risk, regardless of whether another economic operator has already made a notification. Timing of notification Notification must be made as soon as reasonably practicable after the relevant risk is identified. There is no prescribed statutory deadline, but regulators expect prompt reporting, particularly where a product presents a serious risk. Delay in notification may be taken into account in enforcement decisions. Content of notifications and serious risks Where a product presents a “serious risk” (as defined in Regulation 2 of the GPSR), notifications must include more detailed and structured information. This typically includes: • identification of the product or affected batch; • a description of the nature of the risk; • information enabling the product to be traced through the supply chain; and • details of any corrective or preventive action already taken or proposed. Notifications are usually made to the relevant local Trading Standards authority and/or the Office for Product Safety and Standards, depending on the nature and geographic scope of the issue. Incident-Based Reporting in Specific Sectors In addition to the GPSR risk-based regime, incident- based reporting requirements apply in certain con - texts. For example: • Under the Reporting of Injuries, Diseases and Dan - gerous Occurrences Regulations 2013 (RIDDOR), a report must be made where a product is involved in a defined work-related dangerous occurrence or causes serious injury in the workplace. • Sector-specific regulators, such as the Medicines and Healthcare products Regulatory Agency and the Driver and Vehicle Standards Agency, impose their own reporting obligations triggered by speci - fied incidents involving regulated products.
Where incident reports identify wider product safety concerns, regulators will co-ordinate enforcement activity across agencies, including between Trad - ing Standards, the Health and Safety Executive and national regulators. 1.5 Penalties for Breach of Product Safety Obligations Breaches of product safety obligations in England and Wales can give rise to criminal liability, including substantial fines and, in serious cases, imprisonment. Enforcement action is typically taken by local authority Trading Standards services, the OPSS or the Health and Safety Executive (HSE), depending on the nature of the product and the regulatory regime engaged. Penalties Under the General Product Safety Regulations 2005 (GPSR) Under the GPSR, failure to comply with core obliga - tions – including notification duties and safety require - ments – is a criminal offence. More serious breaches, such as failure to comply with statutory safety notices (including suspension, withdrawal or recall notices), may be prosecuted in either the magistrates’ court or the Crown Court. Penalties include: • up to 12 months’ imprisonment and/or an unlimited fine on conviction on indictment; and • up to three months’ imprisonment and/or an unlim - ited fine on summary conviction for less serious offences. A statutory due diligence defence may be available where the defendant can demonstrate that all reason - able steps were taken to avoid the commission of the offence. Penalties Under the Health and Safety at Work etc Act 1974 (HSWA) Breach of duties under the HSWA – including the Sec - tion 6 duties relating to products and articles supplied for use at work – or failure to comply with improve - ment or prohibition notices is a criminal offence. Penalties include:
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