UK Law and Practice Contributed by: Simon Antrobus KC, Mike Atkins, Elizabeth Boon, Richard Sage, David Myhill and Alex Antelme KC, Crown Office Chambers
the HSE or any other enforcement authority. However, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) would require notification if a product were involved in “dangerous occurrence” aris- ing out of or in connection with work that could potentially cause harm to others. Where such a report and any subsequent inves - tigation raises a product safety issue, the author - ity notified will liaise with other enforcing authori - ties and agencies as necessary in respect of that issue. For instance, where a product safety issue is raised with a local authority, the local author - ity should liaise with the HSE to ensure that any concerns going beyond the local authority’s geographical area can be addressed. The Consumer Protection Act 1987 The CPA does not include any provision requir - ing notification of product safety risks to an enforcement authority, but safety regulations made under Section 11 may require the provi - sion of information in certain circumstances, including the notification of product safety risks. Where such safety regulations do not include provisions regarding notification, the provisions of the GPSR apply (see above). Reporting of Product Safety-Related Incidents In addition to the obligation under RIDDOR to report work-related fatal and other serious acci - dents, diseases and ill health, and other dan- gerous occurrences, there are other obligations to report certain categories of safety incidents to regulatory authorities, that may relate to the use of a product. These include obligations to report certain incidents to the Rail, Marine and Air Accident Investigation Branches, the Mari - time and Coastguard Agency, the Driver and Vehicle Standards Agency and the Medicines
and Healthcare products Regulatory Agency (MHRA), among others. 1.5 Penalties for Breach of Product Safety Obligations The General Product Safety Regulations 2005 Breaches of the most serious obligations (includ - ing breaches of safety notices) are either way offences, punishable: • on indictment in the Crown Court by up to 12 months’ imprisonment, an unlimited fine, or both; and • on summary conviction in the magistrates’ court by up to three months’ imprisonment, an unlimited fine, or both. Other less serious offences are punishable on summary conviction only, again by up to three months’ imprisonment, an unlimited fine, or both. There is no sentencing guideline for offences relating to product safety specifically. Howev - er, it would be open to a sentencing court to have regard to the Sentencing Council Defini - tive Guideline for Health and Safety Offences, Corporate Manslaughter, and Food Safety and Hygiene Offences (the Guideline). The Health and Safety at Work etc. Act 1974 Breaches of Section 6 and failures to comply with the requirements of an improvement or pro - hibition notice are either way offences, punish - able: • on indictment by up to two years’ imprison - ment, an unlimited fine, or both; and • on summary conviction by up to 12 months’ imprisonment (although the powers of the magistrates’ court are currently limited to six months per offence, and 12 months for two or
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