Health and safety inspections
This information is intended for businesses with duties under
health and safety law (dutyholders), for example employers and
those in control of workplaces. It explains what you can expect
when a health and safety inspector calls at your workplace. It also
tells employees and their representatives what information they may
expect from an inspector during a visit.
Contact Us:
Telephone: (023) 9244 6654
Email: ehcommercial@havant.gov.uk
Visit: Environmental Health (Commercial),
Public Service Plaza, Civic Centre Road, Havant PO9 2AX
What to expect when a Health and Safety Inspector
calls
- a courteous manner;
- to be shown identification;
- feedback from any inspection, such as information about hazards
which have been identified and guidance on what you must do to
comply with the law;
- to be given the reasons in writing for any action you are asked
to take;
- where there is an apparent breach of law, a statement of what
that law is;
- reasonable time to meet statutory requirements, except where
there is an immediate risk to public health;
- to be told the procedures for appealing against Local Authority
action.
Who enforces health and safety
law?
Environmental Health staff are employed by the Local Authority
and they inspect commercial businesses within the Borough area.
Premises inspected include warehouses, offices, shops, pubs and
restaurants almost anything with a door on the high street. If you
need advice about who will inspect your business for Health and
Safety you should contact the Environmental Health Service on
telephone number (023) 9244 6654.
Officers have the right to enter any workplace without making
an appointment, although notice may be given where appropriate.
During a programmed inspection an officer looks at the workplace,
the work activities and the management of health and safety. They
also check compliance with health and safety law and may offer
guidance or advice. They 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 legal contravention the officer will decide what
action to take. This action will depend on the nature of the
contravention and will be based on the principles set out in the
Enforcement Policy. The officer may provide employees with
information about any action taken, for the purpose of keeping them
informed about matters affecting their health, safety and welfare.
Officers may take enforcement action in the following ways to deal
with legal contraventions:
Where the legal contravention is relatively minor, the officer
will explain to the duty holder what to do to comply
with the law, and explain why. The inspector will also leave a
signed site report confirming any advice, which will distinguish
legal requirements from best practice advice.
Where the contravention is more serious, the officer may issue
an Improvement Notice to tell the duty holder to do something to
comply with the law. The Notice will say what needs to be done, why
and by what date. The time period within which to take the remedial
action will be at least 21 days to allow the duty holder time to
appeal to an Industrial Tribunal if they so wish (see 'Appeals').
The Inspector can take further legal action if the notice is not
complied with within the specified time period.
Where an activity involves, or is likely to involve, a risk of
serious personal injury, the officer 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 duty holder will be told in writing about the right of appeal
to an Industrial Tribunal (see '
Appeals').
In some cases the officer may consider that it is necessary to
initiate a prosecution. Decisions on whether to prosecute are set
out in the Enforcement Policy. Health and Safety law gives the
courts considerable scope for punishing offenders and deterring
others. For example, a failure to comply with an improvement notice
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.
A duty holder 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 duty holder 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 programmed inspection visit an officer will expect to
check that those in charge have arrangements in place for
consulting and informing employees or their representatives, e.g.
safety representative, about health and safety matters. Such
arrangements are required by law.
An officer may 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 officer if they so
wish.
The officer will provide employees or their representatives
with certain information for the purpose of keeping them informed
about matters affecting their health and 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 officer considers to be of serious
concern;
- details of any enforcement action taken by the officer;
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.
If you have a complaint that these procedures have not been
followed then you should first contact the inspector's
manager to discuss the matter to see if the problem can be resolved
informally.
More information, including what businesses must do by law is
available from the Health and Safety Executive
(HSE). The 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.
HSE priced publications are also available from good
booksellers.
For other enquiries ring HSE's InfoLine. Tel: 08701
545500, or write to HSE's Information Centre, Broad Lane, Sheffield
S3 7HQ
If you would like further advice, please contact Environmental
Health.
Contact Us:
Telephone: (023) 9244 6654
Email: ehcommercial@havant.gov.uk
Visit: Environmental Health (Commercial),
Public Service Plaza, Civic Centre Road, Havant PO9 2AX
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