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

 

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Who enforces health and safety law?

 

Health and safety law is enforced by Environmental Health staff or by inspectors from the Health and Safety Executive (HSE).
 
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.
 
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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:
 

 

Informal
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.
 
Improvement Notice
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.
 
Prohibition Notice
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').
 
Prosecution
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.
 
Appeals
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:
 
 
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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:
 

 

Depending on the circumstances, the Inspector may provide this information orally or in writing.
 
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Complaints

 

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.
 

How to find out more about health and safety law and how it is enforced

 

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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Havant Borough Council, Civic Centre Road, Havant, Hampshire PO9 2AX