Preparing for a Health and Safety Inspection

Have you had an inspection? Would you be ready?

Having a Health and safety inspector call is something many managers and business owners dreed. An inspection normally occurs on the back of something happening, an accident, A RIDDOR (Reporting Injuries, Diseases or Dangerous Occurrences) report, a report from a member of staff (concerned or disgruntled) as a result of an inspector passing by and sees something of concern or part of a proactive campaign to reduce the number of fatalities in a sector (Agriculture where in 2018/2019 32 fatal injuries to workers).

Who inspects?

The Health and Safety Executive (HSE) is the principal enforcement authority many associate with health and safety legislation. They enforce health and safety compliance on Farms, Schools, colleges and Local Authority (LA) owned business activities. For many businesses in the Amenity sector the enforcement body is the LA who inspect Leisure premises, pubs, clubs and golf courses. It is worth adding the Environment Agency who look at all aspects of the environment and the protection.

Health and Safety inspectors or LA inspectors are tasked to inspect, investigate, provide advice and guidance and where necessary provide enforcement action. They are warranted under Section 20 of the Health and Safety at Work etc Act 1974 (HASAW). This gives them the following powers: -

· Enter any premises

· Order areas to be left undisturbed

· Take measurements, photographs and recordings, take samples and take possession of, and carry out tests on, articles and substances that appear to have caused (or be likely to cause) danger

· Require the production of, inspect and take copies of relevant documents

· Require anyone they think might give them relevant information to answer questions and sign a declaration of the truth of the answers

· Require facilities and assistance to be provided

· Seize and make harmless (by destruction if necessary) any article or substance which they have reasonable cause to believe is a cause of imminent danger of serious personal injury.

The key is to prepare for a potential visit rather than react to an actual visit! As part of the planning process it is worth walking around your site with the key staff and hazard spotting issues and challenges that need resolving, this is often called a safety tour or site inspection.

From this site tour, produce an action plan can be created to demonstrate what needs to be corrected, how you will resolve the issues, by whom and established a time frame. In many instances the solutions or ways to remedy issues found come from the staff working in the business. It maybe something like changing the route around the site, adding some signs and barriers, increasing the training or communication to staff or purchasing something to aid the task / operation to be completed safely. The cost of change has minimal or no dramatic impact of the business compared to something going wrong and or injuring.

Should an inspector visit: - ask them why they are there? This often helps determine the specific focus of the visit.

Be open and honest with them, remember they are there to keep people safe and healthy at work. Remember to listen to the question and provide the answer as it is, do not try to give an answer you think they want. Listen to the advice given often this is sound advice. Do not respond in a defensive manner this just makes the whole process more difficult for you and them.

HSE provide some sound advice in the form of a leaflet that is free to download “When a health and safety inspector calls, what to expect when we visit your business”

https://www.hse.gov.uk/pubns/hsc14.pdf

There are a number of outcomes following the visit from an HSE/LA Inspector: -

· You get a clean bill of health and no action (rare)

· Advice

They will provide you advice either verbal and or written, this normally signposts you to specific help or guidance normally on the health and safety website (www.hse.gov.uk)

· Notice of Contravention (NoC)

You may be given a notice of contravention (NoC) this is normally a letter that outlines the health and safety laws you have broken, how you have broken them and what you need to do to meet the legal requirements. This is chargeable under the Fee for Intervention (FFI)

· Improvement Notice

As indicated this is something that needs to be improved, the improvement notice outlines what is wrong, what is required to be changed and how long you have to implement the changes, this is normally at least 21 days. The Improvement notice is chargeable under the Fee for Intervention (FFI).

· Prohibition Notice

This is more serious and is issued normally as a result that there is serious risk to people either immediate or in the future. This notice stops the task from continuing until the issues are put right. Failure to comply with a prohibition notice is a criminal offence. Prohibition notices are chargeable under the Fee for Intervention (FFI)

· Prosecution

This is normally as a result of failing to comply with an improvement or prohibition notice and the courts can fine you and or in some cases pass a prison sentence.

· Fee for Intervention (FFI)

Is an attempt to recover the costs incurred by the HSE (only) The fee of £154 per hour is charged this will be for the entire time the inspector spends at your site, as well as preparing reports, getting specialist advice and guidance, talking to you or your workers after the visit.