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What enforcement measures can the Health and Safety Executive take if workplace practices are dangerous?
What enforcement measures can the Health and Safety Executive take if workplace practices are dangerous?
HSE (http://www.hse.gov.uk) is the main enforcing authority for legislation, regulation and the adoption of safe working practices in the workplace. HSE inspectors have substantial powers to enable them to successfully conduct an investigation including the right to enter premises, to use equipment and take samples and to interview employers and employees and their representatives without interference. Laws and regulations are very strictly enforced with a presumption in favour of the injured party.
An HSE inspector's report may result in the HSE issuing certain orders:
Improvement notice
Issued where the employer:
- is contravening statutory provisions; or
- has contravened statutory provisions and it is likely that statutory provisions might be contravened at some point in the future
An employer is normally required to rectify the breach within a specific time (not less than 21 days).
Prohibition notice
The notice must:
- state the inspector's opinion regarding the risk of serious personal injury
- specify what is responsible for the risk
- state the inspector's opinion of whether an actual or potential breach of a statutory provision is taking place (or is likely to take place in the future)
- directs that the unsafe practice or activity must not continue
Prosecution
A prosecution may be brought against an employer if:
- the employer has failed to discharge a general duty under the health and safety provisions
- breached health and safety regulations
- made a false statement or entry in a document which is required to be kept by law (eg accident book)
- failed to comply with an improvement or prohibition notice
- obstructed a HSE inspector in the course of his duty
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