Health And Safety

What to expect when a health and safety inspector calls:

(A brief guide for businesses, employees and their representatives)

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.

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.