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What to expect
when a health and safety inspector calls
Health and
Safety Executive -
Working with employers.
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' on next page). 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.
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
these free HSE leaflets:
An introduction to health and safety
INDG259
Health and safety regulation - a short guide HSC13
The
Health and Safety Executive - working with employers HSE35
The
Health and Safety Executive and you HSE34
The Health and Safety
Commission: Enforcement Policy Statement MISC030
HSE
produces a large number of free and priced publications to help you comply
with the law. A free catalogue and the publications are available by mail
order from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS Tel: 01787
881165 Fax: 01787 313995.
For other enquiries ring HSE's InfoLine
Tel: 0541 545500, or write to HSE's Information Centre, Broad Lane,
Sheffield S3 7HQ.
HSE home page on the World Wide Web:
http://www.open.gov.uk/hse/hsehome.htm
Local authorities may also
produce their own further information on enforcing health and safety.
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
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 Director General
of HSE, Jenny Bacon. She 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. You can also contact
HSE's Local Authority Unit which will see that your complaint is followed
up promptly and fairly with the local authority. If it is unable to
resolve the problem it will report the matter to HSC. 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 Director General of HSE, Jenny Bacon, and Brian Etheridge,
Head of the Local Authority Unit, can be contacted, in writing, at the
Health and Safety Executive, Rose Court, 2 Southwark Bridge, London SE1
9HS.
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