Health & Safety
The following information has been provided by the Health
and Safety Executive http://www.hse.gov.uk/
What to expect when a Health and Safety Inspector calls
A brief guide for businesses, employees and their
representatives
Who enforces health and safety law?
Health and safety law is enforced by inspectors from the Health
and Safety Executive (HSE) or by inspectors from your local
authority.
Inspectors have the right to enter any workplace without giving
notice, though notice may be given where the inspector thinks it is
appropriate. On a normal inspection visit an inspector would expect
to look at the workplace, the work activities, your management of
health and safety, and to check that you are complying with health
and safety law. The inspector may offer guidance or advice to help
you. He/she may also talk to employees and their representatives,
take photographs and samples, serve improvement notices and take
action if there is a risk to health and safety which needs to be
dealt with immediately.
Enforcing health and safety law
On finding a breach of health and safety law, the inspector will
decide what action to take. The action will depend on the nature of
the breach, and will be based on the principles set out in the
Health and Safety Commission’s (HSC) Enforcement Policy Statement.
The inspector should provide employees or their representatives
with information about any action taken, or which is necessary for
the purpose of keeping them informed about matters affecting their
health, safety and welfare.
Inspectors may take enforcement action in several ways to deal
with a breach of the law. In most cases these are:
Informal
Where the breach of the law is relatively minor, the inspector
may tell the dutyholder, for example the employer or contractor,
what to do to comply with the law, and explain why. The inspector
will, if asked, write to confirm any advice, and to distinguish
legal requirements from best practice advice.
Improvement notice
Where the breach of the law is more serious, the inspector may
issue an improvement notice to tell the dutyholder to do something
to comply with the law. The inspector will discuss the improvement
notice and, if possible, resolve points of difference before
serving it. The notice will say what needs to be done, why, and by
when. The time period within which to take the remedial action will
be at least 21 days, to allow the dutyholder time to appeal to an
Industrial Tribunal if they so wish (see ‘Appeals’ below). The
inspector can take further legal action if the notice is not
complied with within the specified time period.
Prohibition notice
Where an activity involves, or will involve, a risk of serious
personal injury, the inspector may serve a prohibition notice
prohibiting the activity immediately or after a specified time
period, and not allowing it to be resumed until remedial action has
been taken. The notice will explain why the action is necessary.
The dutyholder will be told in writing about the right of appeal to
an Industrial Tribunal (see ‘Appeals’ below).
Prosecution
In some cases the inspector may consider that it is also
necessary to initiate a prosecution. Decisions on whether to
prosecute are informed by the principles in HSC’s Enforcement
Policy Statement. Health and safety law gives the courts
considerable scope for punishing offenders and deterring others.
For example, a failure to comply with an improvement or prohibition
notice, or a court remedy order, carries a fine of up to £20 000,
or six months’ imprisonment, or both. Unlimited fines and in some
cases imprisonment may be imposed by higher courts.
Appeals
A dutyholder will be told in writing about the right of appeal
to an Industrial Tribunal when an improvement or prohibition notice
is served. The appeal mechanism is also explained on the reverse of
the notice. The dutyholder will be told:
- how to appeal, and given a form with which to appeal;
- where and within what period an appeal may be brought; and
- that the remedial action required by an improvement notice is
suspended while an appeal is pending.
Information to employees or their representatives
During a normal inspection visit an inspector will expect to
check that those in charge, eg employers, have arrangements in
place for consulting and informing employees or their
representatives, eg safety representatives, about health and safety
matters. Such arrangements are required by law.
An inspector will meet or speak to employees or their
representatives during a visit, wherever possible, unless this is
clearly inappropriate because of the purpose of the visit. When
they meet, employees or their representatives should always be
given the opportunity to speak privately to the inspector, if they
so wish.
The inspector will provide employees or their representatives
with certain information where necessary for the purpose of keeping
them informed about matters affecting their health, safety and
welfare. This information relates to the workplace or activity
taking place there, and action which the inspector has taken or
proposes to take. The type of information that an inspector will
provide includes:
- matters which an inspector considers to be of serious
concern;
- details of any enforcement action taken by the inspector;
and
- an intention to prosecute the business (but not before the
dutyholder is informed).
Depending on the circumstances, the inspector may provide this
information orally or in writing.
Complaints
This leaflet sets out what you can expect when a health and
safety inspector calls at your workplace. If you have a complaint
that these procedures have not been followed then you can contact
the inspector’s manager to discuss the matter.
If the inspector is from the Health and Safety Executive you can
speak or write to the inspector’s manager who will investigate your
complaint and tell you what is going to be done about it. Most
complaints are settled in this way, very often immediately. If you
are still not satisfied write to the Chief Executive of HSE,
Geoffrey Podger. He will see that your complaint is followed up
promptly and fairly. You can also write and ask your MP to take up
your case with HSE, with Ministers, or the independent
Parliamentary Commissioner for Administration (the Ombudsman).
If the inspector is from a local authority you can contact the
inspector’s manager and ask for your complaint to be investigated.
If you are still not satisfied you can use the local authority’s
formal complaints procedure. In cases of maladministration you can
also make a complaint to the Local Government Ombudsman in England,
Scotland or Wales.
If the inspector is from another enforcing authority you can
contact the inspector’s manager and ask for your complaint to be
investigated. If you are still not satisfied you can contact the
Chief Executive of HSE, Geoffrey Podger. He can be contacted, in
writing, at the Health and Safety Executive, Rose Court, 2
Southwark Bridge, London SE1 9HS.
How to find out more about health and safety law and how it is
enforced
More information, including what businesses must do by law, can
be found in this HSE leaflet:
Contact Environmental Health
E-mail: envhealth@dover.gov.uk
