Enforcement of Health and Safety 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.