Powers of Inspectors under HASAWA '74

Question 1

Role

Answer 1

• Protect, enforce and advise on all health and safety management matters
• E.g. HSE, local authorities – environmental officer
• As well as enforcement, equal importance is placed on their role as advisors

Question 2

Summary of powers of inspectors under HASAWA ‘74

Answer 2

• Enter any premises at any reasonable time
• Take a constable or some other organised person if there is an obstruction in the execution of his duty
• To examine and investigate
• Direct that a premises or part of a premises remain undisturbed
• Take photographs, measurements
• Sample of retain unsafe articles and substances
• To order the testing, dismantling and examination
• Take possession of items
• To require answers to questions with a signed statement, if necessary
• To inspect and copy statutory records and documents and any other relevant documents
• To provide assistance
• Any other power
• To serve improvement notices and prohibition notices
• Conduct own cases in England and Wales

Question 3

Enforcement notices

Answer 3

• Criteria for use of enforcement notices are set out in sections 20-22 of the HASAWA ‘74
• Used to regulate health and safety in the workplace
• There are two types of enforcement notices – Improvement notices and Prohibition notices

Question 4

Improvement notices

Answer 4

• Can be served if there is or has been a contravention of one or more statutory provisions
• Requires a specific improvement to take place in order to restore legal compliance
• The officer must state that he is of the opinion that here has been a contravention
• Must specify the provisions which are contravened
• Give particulars of the reasons for their opinion
• Specify a period of time for improvements to take place to remedy the contravention
• Notices are not lifted, but the act of being in compliance satisfies the notice

Question 5

Improvement notices examples

Answer 5

• Incomplete or no H+S policy
• Incomplete or no general risk assessment
• Inadequate or no general training for mangers
• Restricted walkways or trailing cables in offices
• Storage of oils causing risk of slipping

Question 6

Prohibition notices

Answer 6

• Can be served if the enforcement officer is of the opinion that a workplace activity involves, or will involve risk of serious personal injury
• It will usually take immediate effect and require the activity to cease
• It must state that the officer if of the opinion that there is a risk of serious personal injury
• Specify the maters which create the risk
• Direct that the activities must not be carried out unless the matters are remedied

Question 7

Prohibition notices examples

Answer 7

• Unguarded machinery
• Incomplete scaffold
• Untrained personnel using high risk equipment e.g. rough terrain fork-lift truck
• Inadequate procedures for entry into a confined space e.g. sewers

Question 8

Appeals against notices – Right of appeal

Answer 8

• Can appeal to an Employment Tribunal within 21 days from the date the notice was served

Question 9

Appeals against notices – Effect of appeal

Answer 9

• Improvement notice – appeal lodged, notice suspended
• Prohibition notice – appeal lodged, not suspended until the tribunal hears the appeal and makes a decision