The Health & Safety Executive work in several ways to ensure this. Advice and help to enable the Health & Safety message to be spread is one way, either as a result of a direct enquiry or by way of its web site and the information available in downloadable booklets etc.
Routine visits to premises is another way of ensuring that employers are compliant with legislation. Their findings on inspecting the premises will determine the course of action to be taken.
Inspectors may on, satisfactory inspection give advice on ways in which to improve Health and Safety issues that may be found to be lacking, but not in breach of statutory legislation.
Inspectors have many powers including: At any time, the right to enter premises in a situation which in his/her opinion is or may be dangerous, At any reasonable time, the right to enter premises in order to inspect documents, work processes etc, to take with him a constable if he has reasonable cause to apprehend any serious obstruction, to take samples, photographs etc for examination, to instruct premises to be secured, to seize items for examination and so on and so on.
Where the inspection reveals that there is either serious and imminent danger to the Health & Safety of employees# or that statutory legislation has been breached or will be breached should the situation remain*, then the Inspector has two main weapons in his/her arsenal from which to choose.
*Improvement Notice: Issued stating the provisions that have/are being breached, the reasons why he believes they are being breached and requiring the remedy of that contravention, usually within a specified time frame.
#Prohibition Notice: Issued stating the matters that will give rise to the risk and any statutory provisions that have been breached etc. The Prohibition Notice comes into immediate effect and all activities must cease and the situation must be remedied (to the satisfaction of the inspector) before it will be lifted.
Case study:
An inspector called at a premises as a result of a telephone call to the HSE from a disgruntled ex employee. The premises were owned by a sole trader that employed five employees (full time) and one on a part time self employed basis.
The company undertook shot blasting and spray painting of metal equipments for the MOD on contract.
The inspector inspected the premises and issued an Improvement Notice as a result of his findings stating that ‘a suitable and sufficient risk assessment had not been carried out’ as required by The Control of Substances Hazardous to Health Regulations (CoSHH) and The Management of Health and Safety Regulations.
The employer was given 6 weeks to comply. Unfortunately the employer was under contract with the MOD and could not spare the time, and had absolutely no idea of how to conduct or document risk assessments.
The employer called C&G Safety & Environmental Ltd immediately. A consultant met with the proprietor to discuss the matter in hand and found that the proprietor had little or no Health & Safety Policy or arrangements in place. A Health & Safety Policy and Policy Statement were drawn up and Health & Safety arrangements put in place. This included all risk assessments and method statements, including the CoSHH risk assessments required under the terms of the improvement notice. A fire risk assessment, a Health & Safety audit of the premises and accident or incident investigation (if required).
The inspector returned to inspect and the Improvement Notice was lifted. Would you be so lucky?
