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Health and Safety
What to expect when a Health and Safety
Officer 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 Practitioners 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 Duty Officer, Environmental Health
Commercial Team on telephone number
(023) 9244
6016 or send an
e-mail.
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 should 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
- Improvement notice
- Prohibition notice
- Prosecution
- Appeals
as follows.
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 will 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:
- 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 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 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
- 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 officer's manager to discuss the
matter.
How do I 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.
Telephone: (01787)
881165.
Fax: (01787) 313995.
HSE priced publications are also available
from good booksellers.
For other enquiries ring HSE's InfoLine.
Phone: 08701 545500, or write to HSE's
Information Centre, Broad Lane, Sheffield S3 7HQ.
In March 2011, the HSE launched a new website
for small to medium sized, low risk businesses called “Health
and Safety Made Simple” http://www.hse.gov.uk/simple-health-safety
. This will take you through the basic health and safety
duties, including:
·
Appointing a competent health and safety adviser;
·
Writing a health and safety policy;
·
Completing risk assessments;
·
Consulting with employees;
·
Providing adequate levels of training and welfare facilities;
and
·
Obtaining Employers' Liability Compulsory Insurance.
Example risk assessments, including offices,
shops, motor vehicle premises and charity shops can be found at
http://www.hse.gov.uk/risk/casestudies/
If you are looking for a consultant to advise
you on managing health and safety at your premises, there is now a
new register of professional consultants - The Occupational Safety
and Health Consultants Register (http://www.oshcr.org/), produced by a
network of professional bodies, including the HSE.
If you would like further advice, please contact
Environmental Health at the Civic Offices or telephone
(023) 9244 6016 and ask to speak to the Duty
Officer. Alternatively you can e-mail
us.