This section contains possible outlines for Notice templates on common... topics as listed below.

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This section contains possible outlines for Notice templates on common management
topics as listed below.
Notice templates in this section should not be used without firstly ensuring that notices
reflect the particular circumstances found.
Notice Templates
Health & Safety at Work etc. Act 1974, Section 2(1), Management of Health and Safety
at Work Regulations 1999 Reg 5
Your health and safety management system - including the elements of planning,
organising, control, monitoring and review - is not effective in controlling the risk of
injury from ### activities. I have observed on a number of occasions that you have failed
to ensure, so far as is reasonably practicable, that employees follow safe working
practices consistently.
You should take the following steps to comply with this Notice:
Taking into account the measures identified as a result of any assessment of risks to
people at the location overleaf, and having regard to the nature of your activities, you
should:
Review your health and safety arrangements to identify why your management system is
failing to be effective;
Using the information you have identified in a. above, develop improved arrangements
and record them;
Prepare an action plan (following ‘SMART’ principles) for implementing the new
arrangements; and
Put the action plan into effect.
OR
Alternatively other equally effective steps can be taken to comply.
As part of your review you should refer to the Approved Code of Practice (ACoP) for
Regulation 5 of the Management of Health and Safety at Work Regulations 1999.
Further information can be found in the guidance to this Regulation as well as the rest of
the Regulations, associated ACoP & guidance, and HSE’s ‘Successful health and safety
management’ (HSG65, edition, 1997, HSE Books, ISBN 0 7176 1276 7)
Risk Assessment
…you are contravening…the following statutory provisions:
Health and Safety at Work etc Act 1974 sections 2 and 3 [amend as appropriate],
Management of Health and Safety at Work Regulations 1999 regulation 3
…the reasons for my said opinion are:
that a suitable and sufficient assessment of the risk to the health and safety of your
employees has not been made to identify the preventive and protective measures needed
to ensure their health and safety so far as is reasonably practicable.
Schedule:
To comply with this Notice you should complete
EITHER
items 1, a,b,c,d,e and f
OR
item 2
Assess the risk of injury to employees. The assessment should;
Identify who is at risk – consider all people (eg. Your employees, contractors,
maintenance and cleaning staff, managers and seasonal employees)
Identify any people who may be particulary vulnerable (eg. Young/inexperienced people,
contractors who may be unfamiliar with your premises and any risks posed by your
premises and activities).
Identify how people are at risk – look at all work done or likely to be done, in the future.
Look at how the work is actually done, not how you think it is going to be done. Use
previous incidents/near misses as well as the law, Approved Codes of Practice, and other
guidance to help your identification process. See covering letter for details of relevant
publications.
Identify existing preventive/protective measures.
Identify what further action, if any, needs to be taken to reduce risk sufficiently.
Draw up a plan for monitoring and reviewing preventive and protective measures
OR
2
Any other equally effective means to remedy the breach.
Health and Safety Arrangements
…you are contravening…the following statutory provisions:
Health and Safety at Work etc Act 1974 sections 2 and 3 [Amend as appropriate],
Management of Health and Safety at Work Regulations 1999 regulation 5
…the reasons for my said opinion are:
that you have not made appropriate arrangements for the effective planning, organisation,
control, monitoring and review of the preventive and protective measures.
Schedule:
To comply with this notice you should complete
EITHER
items 1, a,b,c,d,e
OR
item 2
You must make, give effect to and record arrangements for:a.
The effective planning of preventive and protective measures
In practice this means you must set up an effective health and safety management system
that is proportionate to the hazards and risks arising from your undertaking.
This must include a systematic programme for the completion of risk assessments with
suitable deadlines for design and implementation of those measures.
The effective organisation of preventive and protective measures
In practice this means you must establish a formal means of involving employees in the
risk assessment process and that of devising the written procedures to implement them.
This must include effective means of communication and consultation so that sufficient
information is available to ensure the correct preventive and protective measures are
chosen and implemented effectively.
The arrangements must also include adequate information, instruction and training for
staff, particularly for those who carry out risk assessments.
The effective control of preventive and protective measures
In practice this means you must ensure that everyone with health and safety
responsibilities understands clearly what they must do and co-ordinate everyone’s
activities.
This must include ensuring everyone has enough time and resources to discharge their
health and safety duties and also ensuring adequate and appropriate supervision of those
discharging their duties.
The effective monitoring of preventive and protective measures
In practice this means you must ensure plans are made for routine inspections and checks
that preventive and protective measures are in place.
This includes having arrangements for any deviations from those measures including
investigating any incidents.
The effective review of preventive and protective measures
In practice this means you must ensure any necessary remedial action identified by your
monitoring are prioritised and taken and also by periodically ensuring that the whole
health and safety management system is operating effectively.
OR
2.
Any other equally effective means to remedy the breach.
Health Surveillance
…you are contravening…the following statutory provisions:
Health and Safety at Work etc Act 1974 sections 2 and 3 [Amend as appropriate],
Management of Health and Safety at Work Regulations 1999 regulation 6
…the reasons for my said opinion are:
That you have not provided appropriate health surveillance with regard to the health and
safety of your employees as identified in your assessment
Health and Safety Assistance
…you are contravening…the following statutory provisions:
Health and Safety at Work etc Act 1974 sections 2 and 3 [amend as appropriate],
Management of Health and Safety at Work Regulations 1992 regulation 7
…the reasons for my said opinion are:
You have failed to ensure that your appointed competent person in control of health and
safety has sufficient time available to them to fulfil their functions, nor have you ensured
that they have adequate means at their disposal to carry out their function with regard to
the size of your undertaking.
Schedule:
To comply with this Notice you should complete
EITHER
item 1 and 2
OR
item 3
Appoint appropriate persons as your competent person(s) to assist you in undertaking
measures you need to take in order to comply with the requirements and prohibitions
imposed upon you by relevant health and safety legislation. This will require the
provision of sufficient time and support for these persons to carry out their duties fully.
Ensure your chosen competent person or persons have a high enough level of knowledge
and experience to discharge their duties fully; this is likely to include a Nationally
recognised qualification.
OR
3.
Any other equally effective means to remedy the breach.
Annex 8 Sample Notices
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Notice Templates
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Chris Ward
Health and Safety Executive
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Chris Ward
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