Enforcing Health and Safety Law

On finding a breach of health and safety law, the officer 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 Environmental Health Enforcement Policy. The officer should provide employees or their representatives with information about any action taken, or what is necessary for the purpose of keeping them informed about matters affecting their health, safety and welfare.

Officers 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 officer may tell the duty holder, 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 officer may issue an improvement notice to tell the duty holder 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 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 will involve, a risk of serious personal injury, the officer 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 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 also necessary to initiate a prosecution. Decisions on whether to prosecute are set out in the Environmental Health 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, or a court remedy order, carries a fine, or imprisonment, or both.

Appeals
A duty holder 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 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.