Commentary on Sections Section 9: Remedial Orders
40.In addition to the power under section 1 to impose an unlimited fine, section 9 gives the courts a power to order an organisation convicted of the new offence to take steps to remedy the management failure leading to death. It also enables the court to order the organisation to remedy any consequence of the management failure, if it appeared to the court to have been a cause of death. For example, where the management failure related to inadequate risk assessment and monitoring procedures, the consequence of which was inadequate safety precautions resulting in death, the court would be able to order the convicted organisation to improve both the management of risk and the resulting safety precautions. Remedial orders may also require an organisation to address deficiencies in health and safety management that lie behind the relevant breach of duty. For example, if the breach is indicative of the organisation and employees generally paying little attention to health and safety management, an order could require the organisation to review and communicate to staff its health and safety practices.
41.Applications for remedial orders, setting out the proposed terms of the order, must be made by the prosecution, having consulted any relevant health and safety regulator. The convicted organisation will have an opportunity to make representations to the court about the order. The order must specify how long the organisation has to comply with the required steps and may require the organisation to supply evidence of compliance to any regulator consulted prior to the order being made. The compliance period can be extended on application. Failure to comply with a remedial order is an indictable-only offence for which the sanction will be an unlimited fine.