I had experience of that Act going back to 1974 when it was introduced. In the early days it was a powerful instrument of change because managers and employers felt at that point that they ran the risk of being sent to gaol if they transgressed the Act. Unfortunately, the reality is that there have been virtually no prosecutions under the Health and Safety at Work etc. Act which have resulted in managers going to prison. As a result, the Act is not applied very effectively.
Good employers operate it well.
The problem we face does not concern the good employer. The good employer will have the policies and practices in place. The problem is the mediocre, the poor or downright bad employer who needs to be encouraged to implement the right policies and, if he does not, needs to recognise that he will receive significant penal sanctions. My noble friend Lord McCarthy raised criticisms in relation to references to industrial tribunals, the likely risk of employers taking a long time over cases and extending the time of the tribunals, and the problem of casework and delay. But this situation is slightly different.