Enforcement of H&S Law

 

On finding a breach of health and safety law, the Enforcement Officer will decide upon what action dutyholders (employers and persons in control of workplaces) have to take to comply with the law. Examples of enforcement action include:

 

Informal Warnings

If relatively minor breaches of health and safety law are encountered, then the Officer will inform the dutyholder what the problem is and advise of relevant action that needs to be taken to address the breach. This will normally be followed by written confirmation from the Officer, who will make clear the differences between legal requirements and best practice advice.

 

Improvement Notice

In more serious cases, or where an informal approach has failed in the past, an Improvement Notice can be served.
The improvement notice will:

  • Specify the breach of law
  • Say what needs to be done and why
  • Give a period of time in which to comply

The Officer will discuss the improvement notice with the dutyholder and, if possible, resolve points of difference before serving it. The minimum time period within which remedial action has to be taken is 21 days.

 

Failure to comply with the Improvement Notice can result in prosecution.

 

Dutyholders also have a right of appeal to such notices, the information of which is provided with the notice when served.

 

Prohibition Notice

Where an Officer believes that a work activity involves, or will involve a risk of serious personal injury, a Prohibition Notice can be served. The Notice prohibits the activity in question immediately or after a specified time period, and doesn't allow it to resume until remedial action has been taken to remove the risk involved. The notice itself will explain why the Officer is of the opinion that a risk of serious personal injury exists.

 

Failure to comply with a Prohibition Notice can lead to immediate prosecution.

 

Dutyholders also have a right of appeal to such notices, the information of which is provided with the notice when served.

 

Prosecution

In some cases, the Officer may consider that it is necessary to initiate a prosecution. Decisions on whether to prosecute are informed by the principles of Regulatory Services Enforcement Policy. The maximum penalty possible under health and safety law depends on the offence. For example, failure to comply with an improvement or prohibition notice carries a fine of up to £20,000 and/or six months imprisonment. Higher courts may impose unlimited fines and in some cases imprisonment.