Health & Safety at Work
East Hampshire District Council Enforcement Policy Statement
The aims of East Hampshire District Council are to protect the health, safety and welfare of employees and to safeguard others, principally the public, who may be exposed to risks from work activities.
This statement sets out the general principles and consistency of approach which East Hampshire District Council intends to follow.
When enforcing Health & Safety Legislation East Hampshire District Council inspectors will:
a) When giving advice, explain clearly what needs to be done, why, and by when. The advice will also be confirmed in writing on request, and make sure that legal requirements are clearly distinguished from best practice advice
b) Provide an opportunity to discuss the issues before formal action is taken, for example before serving an improvement notice
c) Explain in writing why any immediate action is considered necessary (i.e. why immediate rather than another course of action, and the consequences of failing to remedy the situation).
d) Explain any rights of appeal when formal or immediate action is taken.
Visits
At the end of a visit, inspectors will discuss with the business what further action, if any, that they are going to take, and explain that they may have any advice confirmed in writing, on request. The leaflet 'What to expect when a health and safety inspector calls' will be given to the business at the time of the visit.
Inspectors will ensure that arrangements are made for providing appropriate information to employees or their representatives on matters affecting their health, safety or welfare, and the action the inspector proposes to take.
Letters
Any correspondence will be sent as soon as practicable and, if appropriate, the inspector will tell the business at the visit when they should expect a letter. Letters will make the status of advice clear. Where they require remedial action they will set out what needs to be done, why, within what period, and what law applies.
Enforcing Health & Safety Law
The Council's primary concern is the prevention of accidents and ill-health. This is best achieved by encouraging effective management of health and safety issues by those who create the risks.
Inspectors will seek to help businesses improve their management of health and safety by giving guidance. They will be aware that they are an important source of help towards the maintenance of good standards in conformity with the law, and will therefore provide education and guidance wherever practical.
Inspectors have to exercise considerable discretion when approaching individual cases. They will initiate the type of enforcement action warranted by the nature and severity of the risk, hazard or contravention that has been identified. A combination of types of action may well be appropriate.
In determining the course of action, an inspector will have regard to the current willingness and intentions of the responsible person to comply, their knowledge of management of health and safety, and their previous record of compliance.
If an inspector identifies any risk, hazard or contravention, this will be drawn to the attention of the person responsible for the work activity at that time, or as soon as that person can be identified and contacted.
Whatever the type or nature of action, it will be chosen because it remedies the inspector's primary concern as described above.
Laws regarding disclosure of information restrict inspectors from discussing information obtained under their powers to third parties. As such, it will be at the Inspector's discretion in disclosing case details with elected members. In the interest of good communication, the local elected member will be advised where practical.
Informal Enforcement
Many businesses are anxious to comply with the law and a growing number realise the economic benefits of good health and safety management. In such cases an inspector's role will often be to guide and support.
The inspector will supply guidance on legislation and standards either verbally, in the form of leaflets, or by providing details of where suitable guidance may be easily obtained.
Requirements and observations may be made in writing either at the time of inspection on special duplicate forms, or as soon as possible by letter. In either case, the inspector will endeavour to clearly identify and describe any fault and necessary remedial works in a manner that is readily understandable. In identifying faults etc, the inspector will have regard to nationally recognised standards and "good practice".
Any requirements made verbally or in writing will clearly identify whether they are mandatory or advisory in nature.
All mandatory requirements will be given a reasonable time for completion and these will be discussed with the person responsible for complying. Due regard will be had to the observations of that person when the inspector specifies the time allowed.
Formal Enforcement - Statutory Notices
Improvement Notices
Before serving an improvement notice, inspectors will discuss with the business what the breaches of the law are, the action which will be needed to comply and appropriate timescales for completion of the work. The business will be given the opportunity to discuss the issues with the inspector before formal action is taken and, if possible, resolve points of difference. When an inspector decides that a notice should be issued the inspector will explain what needs to be done, why, and by when. Improvement notices include such explanation.
Immediate Action - Prohibition Notices
Whenever inspectors need to issue a Prohibition Notice, it will be discussed, where practicable, with the business at the time, and the employer's views taken into account.
Where the notice is issued the inspector will provide a written explanation of the reasons for the action. Prohibition notices include such explanation.
In the case of their power to "seize and make safe" (section 25, HSWA) inspectors will send a written explanation in most cases within 5 working days, and in all cases within 10 working days.
Appeals
Inspectors will give a business written information on how to appeal when issuing notices, explaining how, where, and within what period an appeal may be brought; that action on an improvement notice is suspended while an appeal is pending; and that the business can apply to an Employment Tribunal for an Improvement Notice to be suspended pending the outcome of the appeal. Prohibition Notices cannot be suspended.
Failure to comply with the requirements of formal Improvement or Prohibition Notices will result in prosecution.
Formal Cautions
A formal caution is a statement by an inspector, that is accepted in writing by the duty holder, that the duty holder has committed an offence for which there is a realistic prospect of conviction. It may be an appropriate course of action where there is evidence of a criminal offence but the public interest does not require a prosecution. Where it is appropriate to do so we may, in accordance with this policy, use this measure in addition to issuing an Improvement or Prohibition notice.
A formal caution will only be used where a prosecution could be properly bought.
Prosecutions
The decision to refer a case for prosecution is a very significant one. Prosecution will, in general, be restricted to those persons who blatantly disregard the law, refuse to achieve even the basic minimum legal requirements, often following previous contact with the authority and who put employees and/or public at serious risk.
Complaints
Employers will be encouraged to contact the inspector's line manager in the first instance if they have a complaint about the actions of a Health and Safety Officer. Any complaints received will be handled in accordance with the East Hampshire District Council's current Policy.
In cases where a business is not satisfied that the procedures set out in this policy have been followed, it can also approach HSE's Local Authority Unit. The Unit will aim to resolve such disputes directly with the local authority involved.
Premises in which East Hampshire District Council may have an interest
In respect of premises in which East Hampshire District Council has an interest the Council will :
- Carry out its enforcement policy and practice in exactly the same way that it does in all other premises;
- Ensure that the attention received is in accordance with the criteria applied to other duty holders.