From Lawpack's Health & Safety at Work Essentials.
The Health and Safety Executive (HSE) is the main body in the UK responsible for enforcing legislation and providing guidance on health and safety in the workplace. It has over 4,000 staff, from inspectors to policy, medical and scientific advisers.
The organisation has a wide range of powers and its inspectors can enter your premises at any time without giving notice. As part of their duties, they can carry out investigations, take statements from your staff, issue improvement and prohibition notices and can even prosecute. In very severe cases where someone has died, an employer can even be sent to prison.
If an inspector finds a breach at your premises, his action will depend on what's happened. Here's an outline of the various punishments he may impose depending on the severity of the case:
- An informal reprimand
If the breach is minor, he may simply tell you how to comply with the law and explain why it's necessary. - An improvement notice
If the breach is more serious, an improvement notice may be issued. After serving the notice, the inspector will discuss with you what needs to be done, why and when. This will also be outlined in the notice. The notice also states the period in which you must take action to resolve the matter (this must be at least 21 days). An inspector can then take further legal action if the notice is not complied with within the specified time period, but you can appeal to an industrial tribunal once the notice is served if you're not happy with it.
- A prohibition notice
If an activity involves a risk of serious personal injury, a prohibition notice may be served banning the activity immediately or after a specified period of time. The notice will state that specified activities shouldn't be carried out unless certain issues have been remedied. It's served in circumstances where there's an immediate threat to life and in anticipation of danger. You may also appeal a prohibition notice. However, unlike an appeal against an improvement notice where the notice is automatically suspended, the requirements of the notice continue to apply. Appeals are dealt with by industrial tribunals; the local HSE can provide you with further information on appealing. - Prosecution
In some cases, a prosecution may be initiated. This usually happens because an employer has failed to comply with an improvement or prohibition notice, but an inspector can also institute proceedings without serving a notice. Cases are normally heard in a Magistrates' Court but a case can be heard in the Crown Court depending on the gravity of the offence. The court has considerable scope for punishing offenders and deterring others. In more serious cases, there are unlimited fines and, in some cases, prosecution can result in imprisonment. However, the HSE are unlikely to prosecute for minor breaches of the law and will often give you the opportunity to explain the circumstances and give your views. Your attitude to health and safety and the safety record of the business in general are taken into account when they are deciding whether or not to prosecute. Particular factors, taken into account when deciding whether to prosecute, are set out in the HSE's Enforcement Policy Statement, which can be obtained from the HSE. - Corporate liability
A company is liable when it commits an offence which has been committed with the consent or connivance of the company or is due to the neglect on the part of a director, manager, secretary or other similar officer. Both the individual(s) involved as well as the company may be prosecuted and found guilty of an offence. This means that a company director can be prosecuted even though the act or lack of action resulting in the offence was committed by a junior official or executive.