Health and safety law within the UK is enforced by the Health and Safety Executive (HSE) and numerous local authorities (LA’s) situated around the country.
The main activity carried out on the premises is what normally determines which enforcement officer will usually attend.
Generally, LA’s will be the main enforcer for retail outlets (shops), wholesale distributors, warehouses, hotels, catering establishments, offices and consumer / leisure activities such as gyms, arcades, sports grounds etc.
HSE look at those more hazardous environments such as mines, manufacturers (woodworking workshops, machine shops etc.), MVRs, construction sites, agricultural sites including farms, and waste management sites, to name a few.
Employers or the premises occupier(s) can receive an unannounced health and safety, or fire safety inspection from either or all of the three principle enforcing authorities shown below:
- Health and Safety Executive (HSE Inspectorate);
- Local Authority (Council) Environmental Health Officers (EHO’s);
- Fire and Rescue Service (Fire Compliance Officers).
EHO’s will or could also be looking at environmental safety or food safety. It is also possible that inspectors/officers from two or more enforcing authorities may arrive at the same time as part of the “flexible warranting” initiative.
Why would a visit occur?
There are many reasons a site visit can occur by an enforcing agency. It may feel it is appropriate to carry out an inspection of a new company, or a company that has relocated its premises. Or because:
- A “routine” inspection is required due to the employer being “flagged” on an enforcing agencies inspection roster;
- As part of a “focused” campaign initiative, which whilst normally determined in advance and for a set period of time, can be instigated due to a specific type of incident becoming more prevalent. They focus on:
- Activity type; looking at a specific task/activity such as manual handling, work at height, use of hazardous chemicals etc;
- Industry type; looking at a specific industry such as waste management, construction, catering or hospitality;
- Documents: including the signed and dated statement of intent, documented arrangements, the Employers Liability Insurance, risk assessments, training records, evidence of maintenance regimens and statutory examinations of equipment etc;
- Due to a failure to report a notifiable incident under RIDDOR; it is important that employers understand that some other professions (medical professionals, insurers, other professional people who come into contact with employees or who are made aware of incidents), also have requirements to “report” certain circumstances, which whilst not directly aimed at a specific enforcing agency, get fed into the system, allowing cross checks to be made.
- A “follow-up” inspection due to a previous visit relating to an accident, an FFI / material breach charge, or enforcement notice history.
- A “complaint” visit; employees have a legal right to (anonymously) contact the appropriate enforcing agency if they are concerned that their health or safety is being jeopardised.
- And lastly due to someone (a passer-by / witness) posting evidence of a material breach online, which has subsequently been noticed, or brought to the attention of, an enforcement agency. This is often due to the person making “the post” thinking the incident posted was funny to watch, but they can have quite serious consequences for the persons involved.
What are visiting officials looking for?
Surprisingly enough, official(s) are looking for the same thing that consultants look for when conducting reviews, which are breaches of the law. They do this by inspecting the premises and observing tasks/activities as they are carried out. Further to this, they can talk to and if necessary organise formal interviews of any employees and ask for sight of any documentation.
They will assess the effectiveness of management in identifying hazards and controlling the risks arising from the work activities that the company carries out. This means:
- What hazards have been determined, and have any been ignored/missed;
- What procedures have been put in place to manage those hazards identified;
- How employees are informed and trained to manage them and;
- Whether a checking/review process is in place to ensure the hazards are continually being managed successfully.
The inspecting officer will also be looking for bad practices and where appropriate, provide general advice on good practice. Examples of bad practices are:
- No documentary evidence available to support the company’s position;
- Removal of guards from machinery;
- Lack of required signage;
- Providing PPE without determining if other controls could be used first;
- Not providing suitable or sufficient PPE, either as determined by the risk assessment process, or free of charge;
- Failing to properly / adequately segregate pedestrians and moving vehicles etc.
Inspecting officers have a code of practice that they need to follow and a robust complaints procedure if such is needed to be made. The inspecting officer will always provide a name of the person who is the first point of contact/complaint, and the procedure is available online. It is worth contacting your health and safety consultant and discussing the concern if you have one, as they may well be able to assist you in determining if the complaint is a valid one.
If this newsletter has been helpful,
Part 2 will follow later this week which includes information on the types of enforcement notice and the Fee for Intervention (FFI).
Need help with any health & safety related issues?
Do not hesitate to contact your health & safety consultancy.