Although a health & safety inspector can be called upon to investigate an incident or accident on the premises, the inspector has the right to enter the work premises at any time. They will usually visit to conduct a health and safety inspection. Whatever the purpose of the visit, in summary, an inspector has the right to:
- Take measurements, samples, photographs and where necessary dismantle and remove equipment or take substances that could cause serious personal injury.
- Request documentation, relevant documents, books or information and take statements from people they think might be able to help them in their investigations.
- Enter the premises at any reasonable time and if necessary be accompanied by a police officer.
- Issue enforcement notices and initiate prosecutions
If the inspector considers that your organisation is breaching health and safety legislation or that there are serious risks to health & safety that could arise as a result of the organisation’s activities they can issue an enforcement notice.
There are two types of enforcement notice:
Improvement notices - This identifies a specific breach of legislation and will specify a date by which the situation should be resolved. Any appeal must be made to the Employment Tribunal within 21 days, the notice is suspended until the appeal is heard or withdrawn.
Prohibition notices – These are used to halt an activity in which the inspector feels is so serious that it could lead to personal injury. Once issued the notice takes immediate effect, an appeal may be made to the Employment Tribunal however it remains in place during the appeal procedure.
Organisations must comply with an enforcement notice or they could face a fine. For failing to put right serious breaches discovered by health inspectors or if the organisation contravenes a prohibition notice for a serious offence, the owners or directors of the company could face imprisonment.
For further information on health and safety please see here.