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Wednesday, 20 August, 2008, 14:59
go: [ Berkshire Health and Safety  /  Enforcement of H&S ]
Enforcement of Health and Safety Legislation
Who Enforces Health and Safety Legislation?
 
The enforcement of health and safety legislation is split between the Health and Safety Executive (HSE) and local authorities (LAs). In general, 
 
  • The HSE covers factories, building sites, mines and quarries, farms, fairgrounds, railways, chemical plant and offshore and nuclear installations.
 
  • LAs cover shops, warehouses, offices, hotels and catering, sports, leisure, consumer services, (e.g. launderettes, hairdressers, undertakers, shoe repair, tyre and exhaust fitters), residential care homes and churches. 
 
In LAs it is usually Environmental Health Officers (EHOs) who visit businesses in connection with health and safety.
 
What Health and Safety Activities do EHOs Carry Out?
 
Primarily, EHOs seek to prevent accidents and ill-health in the workplace. This is done by:-
  • Inspecting workplaces to make sure that risks from work are properly managed
  • Helping people meet their legal responsibilities
  • Making recommendations of good practice
  • Investigating accidents or occupational ill-health
  • Investigating complaints about working conditions or work practices
  • Acting as source of advice on any aspect of health and safety
  • Promoting awareness/knowledge of safety issues through campaigns, newsletters, seminars or training courses.  
 
How Do EHOs Go About A Visit?
 
  • This depends on why the visit is being made and the type of workplace being visited. General inspections are influenced by the extent of risk (to both employees and the public) so that as a rule places with more serious risks, or where the risks have been poorly controlled in the past, will be visited more regularly. All accident notifications are assessed by EHOs and may result in an investigative visit, depending on the severity of the injury, potential for recurrence, extent of possible breaches of legislation, type of accident and past record of the business.
  • Inspections can be unannounced but, where necessary, can be by appointment. EHO’s will probably want to talk to managers, supervisors, employees, health and safety representatives and other interested persons. In addition to looking around your premise, EHOs will examine safety-related paperwork such as:-
          • health and safety policy statement (if applicable)
          • risk assessments (if applicable)
          • plant maintenance and inspection records
          • training records
          • accident records
 
  • EHOs are under a legal obligation to tell employees about issues affecting their health, safety or welfare at their workplace. This may be done verbally at the time of the EHO’s visit and possibly by sending a copy of any correspondence to employees.
  • At the end of the visit you will be advised by the EHO what further action, if any, is going to be taken. If we are going to write, we will tell you when you can expect to hear from us. In any correspondence we will seek to provide you with useful and relevant advice on what you need to do.
 
 
What Happens if EHOs Find Something Unsafe or Against the Law?
 
  • EHOs are trained to seek consistency in their actions and follow set procedures so that employers in similar circumstances should be treated in similar way. At a national level consistency is promoted through the Health and Safety Executive/Local Authority Liaison Committee which issues national guidance to Inspectors and produces an Annual Report on LA activity.
  • The main aim of the EHO is to help and advise but formal enforcement can be taken. The EHO will consider a number of factors in deciding what action to take, including:-
        • the degree of risk
        • the seriousness of the legal contravention
        • past record and general attitude to health and safety
        • if there has been a blatant disregard for the law
        • if there is sufficient evidence
 
  • Formal enforcement powers include the issue of improvement or prohibition notices:-
  • Improvement notices tell you what the problem is and to put things right within a certain time. The EHO would usually discuss the time limit with you and explain how to get it extended if there is good reason.
  • Prohibition notices tell you what the problem is and require you to stop doing something until things are put right. These are only issued if it is considered that there is a risk of serious injury.
 
Notices will contain, or will have attached, an explanation of what you must do to comply, although you are allowed to use a different but equally effective alternative. When notices are issued, a copy will be provided for employees. The law requires some notices to be put in a register which is open to public inspection. Failure to comply with a notice is a serious offence and is likely to lead to a prosecution. If you appeal against an Improvement Notice it is suspended until the appeal is heard but a Prohibition Notice remains in force until the appeal is heard, unless the Employment Tribunal (which hears appeals) suspends it. A form of appeal against either type of notice must be enclosed with each notice served
  • The EHO can also decide to prosecute the company and/or any individual breaking the law. Prosecution is more likely when there :-
  1. is a blatant disregard for the law (particularly for economic reasons)
  2. is reckless disregard for the health and safety of workpeople and others
  3. have been repeated breaches of legislation and it appears management is neither willing nor structured to deal adequately with these
  4. has been a serious accident or a case of ill-health arising from a serious legal contravention
or where:-
  1. a particular type of offence is prevalent in an activity or area
  2. a particular contravention has caused justifiable, serious public concern
  • The laws that EHOs enforce take account of the costs of what you are required to do. This means that the action required must be in proportion to the risks concerned.
  • The leaflet ‘What to expect when a health and safety officer calls’ is reproduced on this website.  
 
 
What powers do EHO's have?
 
The law gives LA Inspectors a wide range of powers, including the power to
  • enter premises at any reasonable time
  • carry out examinations and investigations
  • take measurements, photographs and samples
  • take possession of an article (telling you why and giving you a receipt)
  • have articles dismantled and tested
  • require information and take statements
  • inspect and copy documents