Health and Safety Inspections
What to Expect When a Health and Safety Inspector
Calls
A Brief Guide for Businesses, Employees and their
Representatives
This webpage is intended for those in business who have 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.
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Who Enforces Health and Safety Law?
Health and safety law is enforced by inspectors from Ashford
Borough Council or the Health and Safety Executive (HSE).
Inspectors have the right to enter any workplace without giving
notice, though notice may be given where the inspector thinks it is
appropriate. On a normal inspection visit an inspector would expect
to look at the workplace, the work activities, your management of
health and safety, and to check that you are complying with health
and safety law. The inspector may offer guidance or advice to help
you. He/she 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 breach of health and safety law, the inspector will
decide what action to take. The action will depend on the nature of
the breach, and will be based on the principles set out in the
Health and Safety Commission’s (HSC) Enforcement Policy Statement
and the Council’s Health & Safety Enforcement and Prosecution
Policy. The inspector should provide employees or their
representatives with information about any action taken, or which
is necessary for the purpose of keeping them informed about matters
affecting their health, safety and welfare.
Inspectors may take enforcement action in several ways to deal
with a breach of the law. In most cases these are:
Informal
Where the breach of the law is relatively minor, the inspector
may tell the dutyholder, for example the employer or contractor,
what to do to comply with the law, and explain why. The inspector
will, if asked, write to confirm any advice, and to distinguish
legal requirements from best practice advice.
Improvement Notice
Where the breach of the law is more serious, the inspector may
issue an improvement notice to tell the dutyholder to do something
to comply with the law. The inspector will discuss the improvement
notice and, if possible, resolve points of difference before
serving it. The notice will say what needs to be done, why, and by
when. The time period within which to take the remedial action will
be at least 21 days, to allow the dutyholder time to appeal to an
Employment Tribunal if they so wish (see ‘Appeals’ below). 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 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 Employment 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 Employment 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, e.g. employers, have arrangements in
place for consulting and informing employees or their
representatives, e.g. 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.
The inspector will provide employees or their representatives
with certain information where necessary for the purpose of keeping
them informed about matters affecting their health, 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 inspector considers to be of serious
concern;
- Details of any enforcement action taken by the inspector;
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.
Complaints
This webpage sets out what you can expect when a health and
safety inspector calls at your workplace. If you have a complaint
that these procedures have not been followed then you can contact
the inspector’s manager to discuss the matter.
If the inspector is from Ashford Council you can contact their
manager via the telephone number provided below and ask for your
complaint to be investigated. Further information is available
on our Comments and Feedback page.
Details of making a complaint where the the inspector is from
the Health and Safety Executive can be found on the
Health and Safety
Executive's (HSE 's) website.
Contact Us
If you would like to contact us about health and safety at work
please email envhealth@ashford.gov.uk or
telephone 01233 330517.
This webpage was updated on
6/7/2011