A HSE INSPECTOR CALLS.

It isn’t unusual for a Health & Safety Executive Inspector to visit your business without warning and the law allows them to visit at any reasonable time.  Throughout the year the HSE run targeted campaigns.  Currently these are a health initiative inspecting manufacturing businesses who specialise in materials such as stone, rocks, clay and sand. This initiative highlights the respiratory risks of respirable crystalline silica (RCS), a natural substance found in most stone, rocks, sand and clay, and in products such as bricks and concrete.  An additional current campaign is looking how workers are moving heavy or bulky materials, particularly within the construction industry.

During a visit an inspector will want to know how you ensure the health, safety and welfare of your workers, and anyone who may be affected by your work.

An inspector will ask about:

• Tasks undertaken by workers and the potential risks associated with the work.
• Specific health and safety issues in your workplace
• What your knowledge and experience is in regard to health and safety
• Specific standards and legislation regarding your industry.

They may want to:

• Look at machinery or other work equipment
• See evidence of documents, e.g. a health and safety policy, risk assessments, safe systems of work.
• Take photographs
• Talk to your employees whilst on site
• Provide some advice and guidance on how you can make improvements in your health and safety practice.

Examples of when things go wrong:

• Dangerous practice is observed.
• No evidence of any risk assessments or other health and safety documents
• No evidence of training for workers
• Poorly maintained or unsafe machinery/work equipment is observed
• Unsafe work environment eg, unsecure racking, poor housekeeping, trailing cables, poor ventilation, or lighting
• No evidence of any statutory inspections being undertaken eg Electrical installation condition testing, gas safety checks, asbestos surveys, legionella surveys, fire risk assessments

During or following a visit the inspector may offer advice and guidance on what improvements you can make, this could be verbal or written.

More serious consequences:

Notification of Contravention

A notification of contravention letter may be sent to if the inspector thinks you have broken the law seriously enough for them to write to you about it. It will include:

• Any health and safety laws you may have broken
• Explaining how you’ve broken them.
• Explain what you need to do to stop breaking the law.

Enforcement notices:

If during a visit an inspector identifies any areas where you are not complying with legislation or there are areas of the workplace which are deemed unsafe, you maybe issued with an enforcement notice.

There are two types of enforcement notice:

• Improvement notice
• Prohibition notice

Improvement notice

An improvement notice will explain what it is the inspector was not happy with following his visit, what you need to do to put things right and a deadline you must make the changes by, normally 21 days.

You commit a criminal offence if you don’t make the changes in the time we give you.

Prohibition notice

You may get a prohibition notice if there is a risk of serious personal injury now or in the future. A prohibition notice orders you to stop doing something until you have made it safe to continue. This could be, for example, unguarded machinery.

You commit a criminal offence if you don’t comply with a prohibition notice.

You can be prosecuted for breaking health and safety laws or for failing to comply with an improvement notice or a prohibition notice. The courts can fine you or in some cases send you to prison.

Costs – Fee for Intervention

If we give you a notification of contravention, an improvement notice or a prohibition notice you will have to pay a fee. This is called a ‘fee for intervention’ (FFI) which includes:

• The costs for the time of the entire original visit.
• Any time spent at your workplace preparing reports.
• Obtaining any specialist advice.
• Any support you require to make the changes required
• Time spent Investigating the case
• Time taken on taking action against you.

The current Fee For Intervention hourly rate is £163.

 Other possible consequences

• Criminal conviction
• Fines
• Court costs
• Increased insurance premiums
• Lost productivity
• Diminished reputation
• Costs of making the changes which you hadn’t planned for.
• Low morale amongst your work force

If you feel you require support, advice or guidance in making improvements to your health and safety practice in your workplace, to ensure you are compliant with current legislation please do not hesitate to contact us.  We also offer a service whereby we are on hand to liaise on your behalf with the enforcing authority should this be required.

Should you require any support or have any questions, then just get in touch here.