Enforcement

On finding a breach of health and safety law, the officer will decide what action to take which will depend on the nature of the breach and will be based upon the principles of the enforcement policy.

In most cases, breaches of health and safety law are dealt with informally, by explaining what is required to comply with the law.

In more serious cases or where an informal approach has failed in the past, officers can serve an Improvement Notice. This will require works to be carried out or procedures to be put in place, within a set time-scale. Failure to complete the works set out in an Improvement Notice by the specified date is an offence and is likely to lead to prosecution.

Where an officer believes that there is a risk of serious personnel injury, a prohibition notice may be served. This notice prohibits the activity in question until those concerned have taken steps to remove the risk involved. Not taking the steps required by a prohibition notice is also an offence and is likely to lead to prosecution.

A prosecution will be considered where serious breaches of the law are discovered. We may also prosecute where there has been a continuing failure to address health and safety problems, whether or not an injury has occurred.

The risk rating for any premises can be changed in the light re-inspections or resulting from visits due to accidents (that are legally required to be reported) or complaints received, and hence the frequency of inspections can change.