ENFORCING AUTHORITIES
HEALTH AND SAFETY EXECUTIVE
Inspectors appointed by the Health and Safety Executive enforce relevant safety
legislation on all types of work activity other than those covered by Local
Authority Inspectors listed below.
LOCAL AUTHORITY
Local Authority Inspectors enforce the provisions of relevant Health and Safety
legislation in the following types of premises:Offices and shops for which the Local Authority was responsible before
the introduction of the Health and Safety At Work etc Act 1974.
The sale of storage of goods for retail or wholesale distribution (subject to
a wide range of exceptions ranging from container depots to gas storage
depots).
Office activities.
Catering Services.
The provision of residential accommodation.
Some consumer services provided in shop premises, and,
Dry cleaning in coin operated units in launderettes.
FIRE AUTHORITY
Fire authorities appoint officers who enforce the Fire Safety provision in
designated places of work under the Fire Precautions Act 1971.
POWERS OF INSPECTORS
To ensure compliance with the relevant statutory provisions (within the field of
responsibility of the enforcing authority) an inspector has the following powers:
He may enter any premises at any reasonable time or, indeed, at any
time day or night, if he has reason to suspect a dangerous situation.
If an inspector has reason to believe that he might be obstructed in the
exercise of his duties, he may enter any premises in the company of a
police constable.
Revised Jan 2003
ENFORCING AUTHORITIES (cont.)
He may also take with him any other person duly authorised by the
enforcing authority together with any materials and equipment which he
might need.
He may make whatever examinations and investigations he considers
necessary to determine whether or not the occupier, or whoever, is in
breach of the law.
To assist him in his investigations, he may direct that those premises, or
part of them, must be left undisturbed for so long as is reasonably
necessary.
He may take measurements and photographs and make such recordings
as he considers necessary for the purpose of any such examination or
investigation.
He may take samples of any articles or substances found in the premise,
and of the atmosphere in or in the vicinity of the premises.
If he has reason to believe that any article or substance has caused, or is
likely to cause, danger to health and safety, he may cause it to be
dismantled or subject it to any process or test.
He may take possession of, and detain, any article or substance for as
long as is necessary, either for the purposes of examination and test or to
ensure that it is not tampered with before the examination is completed or
to ensure that it is available as evidence in any subsequent proceedings.
He must leave notice that he has done so.
He may question any person who may have information relevant to his
investigations, either alone or in the presence of any other person whom
he has invited or allowed to be present and may require that person to
answer questions and to sign a declaration of the truth of his answers.
He may require the production of, and inspect and take copies of, any
books or documents which are relevant to his investigations.
He may demand such facilities and assistance as are necessary to
enable him to exercise any of the powers mentioned in the preceding
paragraphs.
He may also assume such additional powers as are necessary to enable
him to carry into effect the relevant statutory provisions.
Revised Jan 2003
ENFORCING AUTHORITIES (cont.)
If a person in charge of premises expresses a wish to be present at the
time, an inspector may not presume to dismantle or destroy any article or
substance other than in the presence of that person. Likewise, if he takes
possession of an article or substance, he must leave a notice with a
responsible person in the premises (or, alternatively, post a notice) giving
particulars of that article nor substance sufficient to identify it. Where
practicable, he must also leave a portion of the sample marked in a
manner sufficient to identify it.
CASES OF IMMINENT DANGER.
If an inspector has reasonable cause to believe that any article or
substance found in any premises which he has power to enter is a cause
of imminent danger of serious personal injury, he may seize that article or
substance and cause it to be rendered harmless (whether by destruction
or otherwise). If it is practicable for him to do so, the inspector must, first
of all, take a sample of the article or substance and give it to a
responsible person on the premises. He must also prepare and sign a
written report giving particulars of the circumstances in which the article or
substance was seized and destroyed or rendered harmless). A signed
copy of the report must be handed to a responsible person at the
premises and, if that person is not the owner of the article or substance, a
further copy given to the owner.
IMPROVEMENT AND PROHIBITION NOTICES.
If an inspector is of the opinion that a person is contravening one or more
of the relevant statutory provisions, or has contravened one or more of
those provisions in circumstances that make it likely that the
contravention will continue or be repeated, he may serve an Improvement
Notice on that person. The Notice must specify the nature of the
contravention and will require that person to remedy the contravention
(or, as the case may be, the matters occasioning it) within the period
specified in the notice, which must be at least 21 days.
If, on the other hand, the inspector is of the opinion that the activities
carried on or likely to be carried on, by that person, involve a risk of
serious personal injury (including damage to health) he may serve a
Prohibition Notice on that person. The Notice must state that the
inspector is of that opinion, specify the matters which give rise to the risk
of serious personal injury and, finally, it will direct the cessation of those
activities.
Revised Jan 2003
ENFORCING AUTHORITIES (cont.)
If the inspector is of the opinion that the risk of serious personal injury is
imminent then the Notice takes effect immediately (Immediate Prohibition
Notice) otherwise it takes effect at such time as may be specified in the
Notice (Deferred Prohibition Notice). It is not necessary, in contrast to the
Improvement Notice for there to have been a contravention of relevant
statutory provision to be served, but if the inspector thinks there has been
one he must say so in the Notice.
It is an offence to contravene any requirement of an Improvement or
Prohibition Notice. In the case of an Improvement Notice, the penalty, on
summary conviction is a fine of a maximum £20,000 or an unlimited fine
on indictment, lead to a term of imprisonment for up to two years or an
unlimited fine, or both. In either case, if the contravention is continued
after the conviction that person shall be guilty of a further offence and
liable in respect of that offence to a fine not exceeding £100 for each day
on which the contravention is so continued.
A person may appeal against the service of an Improvement or
Prohibition Notice. The effect of an appeal in the case of an Improvement
Notice is to suspend the operation of the Notice until the appeal is finally
disposed of. The operation of a Prohibition Notice on the other hand, will
only be suspended at the direction of the tribunal on the application of the
appellant. Appeals, in the latter instance, will usually be dealt with
promptly. Appeals, in either case, must be lodged within 21 days of the
date of its service.
PROSECUTION
An Inspector may instigate a prosecution against a person or a company
whether or not an Improvement or Prohibition Notice has been served.
Revised Jan 2003
ENFORCING AUTHORITIES (cont.)
EMPLOYMENT MEDICAL ADVISORY SERVICE
The Employment Medical Advisory Service was established on February 1st
1973 as part of the Department of Employment and became part of the Health
and Safety Executive in 1975. The legislation governing EMAS is the Health and
Safety At Work etc Act 1974 and the Factories Act 1961 as amended by the
Employment Medical Advisory Service Act 1973. EMAS is made up of medically
qualified people whose job it is to study and advise on occupational health.
(EMAS does not provide medical treatment). As well as advising the Health and
Safety Executive itself, the main functions of EMAS are:To help to prevent work-related ill health.
To advise people who have occupational health problems on the type of
work which will and will not suit them, and,
To ensure appropriate bio-medical input in the development of Health and
Safety Executive policies and practices.
Responsible for periodic medical examinations of workers in certain
hazardous processes.
To give advice on occupational health.
POWERS OF EMPLOYMENT MEDICAL ADVISORS
The EMAS Act empowers an Employment Medical Advisors to require a factory
occupier to permit him to carry out a medical examination of any employee
whose health the Advisor believes may be in danger because of his work. The
occupier, or employer, must comply with any such request at a reasonable time
during working hours and, if need be, must supply suitable accommodation on
his premises to enable the examination to be carried out. With the exception of
those trades and processes in which medical examinations are compulsory, an
employee will not be medically examined without his consent. An employer will
be expected to pay the employee for any time lost whilst attending for a medical
examination.
Revised Jan 2003
ENFORCING AUTHORITIES (cont.)
COMMISSIONERS OF CUSTOMS AND EXCISE
A Customs Officer may for the purpose of facilitating the exercise or
performance by any enforcing authority, inspector etc seize any imported article
or substance and detain it for no more than 2 working days, ie a period of 48
hours from when the goods in question were seized. Additionally the
Commissioners of Customs and Excise may authorise disclosure of information,
to enforcing authorities, inspectors etc, relating to any imported goods. It is an
offence for a person to obstruct a Customs Officer in the exercise of his powers
under section 25A of the Health and Safety at Work etc Act 1974.
Revised Jan 2003