Enforcement Guidance

All premises where people work and all workers are subject to health and safety legislation. Health and safety enforcing authorities, namely the Health and Safety Executive (HSE) and your local Environmental Health Department, have been given legal responsibility for the enforcement of Health and Safety legislation. Periodically, or following a complaint or an accident, inspectors from these bodies may visit your workplace and make enquiries.

The following may be useful advice:

1. Do not keep the enforcement personnel waiting
2. Ask to see their authorisation document
3. Discuss the inspection, accident, complaint etc. in private
4. Be co-operative and, where necessary, provide information, assistance etc., in a timely manner
5. Always ask for their advice and any possible solutions that they may have to solve an issue
6. Offer such facilities as they require
7. Do not attempt to be flippant or minimise the seriousness of any situation.

POWERS OF HEALTH AND SAFETY ENFORCEMENT PERSONNEL

Health and safety enforcement personnel are authorised to carry out their duties by either the Local Authority or the HSE. They will be suitably qualified personnel who have been trained in how to carry out enforcement duties. They will have been issued with a document indicating their level of authorisation.

They have extremely wide-ranging powers, which are detailed below:

1. To enter any premises at any reasonable time to fulfil their duties
2. To take a police constable with them if serious obstruction is anticipated
3. Take any other duly authorised person or equipment with them
4. To make such examination and investigation as may be required
5. To direct that premises, parts of premises, or anything in the premises be left undisturbed for so long as is necessary
6. To take such measurements or photographs as is necessary
7. To take samples of any article or substance
8. To have articles or substances tested, dismantled or subjected to any process, including destructive testing if absolutely necessary, and to take possession of it and retain it for so long as is necessary
9. To require any person to give any relevant information
10. To require the production of, inspect and take copies of any documents, books or any records, whatever their format
11. To require the provision of facilities and assistance to carry out the exercise of these powers
12. Any other power necessary to carry out their duties.

As can be seen from the list above, enforcement personnel have extensive powers and co-operation is always the most appropriate course of action. It is an offence to obstruct enforcement personnel whilst they are exercising their powers.

ENFORCEMENT NOTICES

Inspectors from the enforcing authorities have the power to issue improvement and prohibition notices. There is a right of appeal to an employment tribunal. Should either type of notice be issued, contact should be made with Croner Consulting (formerly IRPC) as soon as possible to obtain advice on the correct steps to take.

IMPROVEMENT NOTICES

An improvement notice must:

1. Specify the legal provisions which, in the inspector's opinion, have been contravened
2. State the particular reasons for that opinion and
3. Indicate the time period within which a remedy must occur.

The time period must be at least 21 days. This is the time in which an appeal against the improvement notice can be made to an employment tribunal. Whilst the appeal is being decided, the notice is suspended. When the tribunal has made its decision, it is binding on the enforcement personnel and the organisation.

PROHIBITION NOTICES

If the situation is considered to involve a risk of serious personal injury, then the enforcement personnel may serve a prohibition notice. This must state:

1. The matter which creates the risk
2. Reasons for their opinion on why they consider the situation so serious, whether or not there is an actual or likely contravention of any legal requirement
3. Specify when the notice takes effect, which can be immediately.

If an appeal is lodged the notice will remain in force unless successful application is made to the tribunal for suspension. It is an offence not to comply with either an improvement or prohibition notice.

PENALTIES FOR BREACH OF THE HEALTH AND SAFETY AT WORK (ETC.) ACT 1974

If a serious accident or fatality occurs within the workplace, and any members of staff are requested to provide statements, either by an inspector from the enforcing authority or a police officer, they should not give any statement without having taken legal advice. In such circumstances it is advisable to have a legal representative present when giving a statement.

If you receive a visit from enforcement personnel and are in any doubt on anything resulting from the visit, do not hesitate to contact Croner Consulting (formerly IRPC).