11 Nov 2024
We recently posted a blog ‘Are you prepared for a HSE visit?’ and we would always advocate putting in place proportionate risk controls to ensure the safety of employees and others who could be affected. But we often get calls from companies who have had a visit from the HSE and asking what happens after a HSE visit and what needs to be done. This blog sets out the implications of a HSE visit and what actions you need to take.
A health and safety inspector may carry out a routine visit, but as you may know from the recent LinkedIn posts, the HSE are carrying out spot checks on different industries based on particular risks. A health and safety inspector may also investigate following a RIDDOR reportable incident.
The HSE’s aim is to make workplaces safer, so they may issue verbal or written advice if inspectors notice shortcomings.
Health and safety inspectors may issue a Notice of Contraventions for significant failings. However, they can also serve an enforcement notice as per the Health and Safety at Work Act, of which there are two types.
This notice requires improvements to be carried out to rectify health and safety failings. The inspector will discuss their findings, detailing how you have broken the law, what you need to do to resolve the issue and why, and give you a period in which to comply (minimum of 21 days).
You MUST comply with an improvement notice, failure to do so could result in prosecution and the improvement notice should be discussed with whoever is responsible for health and safety in your workplace.
However, if you think the improvement notice is not justified, you have the right to appeal. The inspector will give you the information on how to appeal, when issuing the notice. The notice will be suspended until your appeal is heard.
If the inspector feels that the activities being carried out could cause serious harm, they may serve a prohibition notice.
The prohibition notice will state which law is being breached and what action you need to reduce or control that risk.
The prohibition notice normally requires you to stop that activity straight away and not to continue until the necessary action has been taken. You MUST stop the prohibited activity, if asked to do so, otherwise you risk prosecution.
The prohibition notice should be discussed with whoever is responsible for health and safety in your workplace. If you do not understand any elements of the prohibition notice you must contact the inspector who served the notice.
Again, you can appeal against the prohibition notice, but the notice will stay in force until after the appeal decision.
Notices served on companies are highlighted on the HSE website. You must comply with any notices as you could face prosecution. It could be a fine of up to £20,000 or some owners/directors could face a custodial sentence of up to 6 months as well.
The HSE will enforce the law in accordance with their enforcement policy. Examples of reasons for a prosecution include workplace fatalities, injuries or ill-health, repeated episodes of non-compliance, inspectors being obstructed from carrying out their duties or the standards of safety management fall below what is generally expected.
What happens after a HSE visit is crucial. The serving of a notice can be extremely damaging to a company’s reputation and production.
These notices often mark the start of an investigation and prosecution, if you fail to comply with either the improvement or prohibition notices. This is why it is crucial that you act promptly and do not ignore this. Demonstrate co-operation, take note of the health and safety inspector’s requirements and implement remedial action as soon as possible. Consultation with specialised legal services is often recommended.
Sentinel Safety Solutions have a wealth of experience in this area. We can conduct accident investigations and liaise with health & safety inspectors on your behalf, to minimise your exposure and to ensure the correct action is being taken to keep your business and your employees safe.
If you would like more information, on what happens after a HSE visit, please email info@sentinelsafety.co.uk or call us on 01527 833834.
