Powers of Inspectors under HASAWA '74 Flashcards Preview

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Flashcards in Powers of Inspectors under HASAWA '74 Deck (9)
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1

Role

  • 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

2

Summary of powers of inspectors under HASAWA ‘74

  • 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

3

Enforcement notices

  • 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

4

Improvement notices

  • 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

5

Improvement notices examples

  • 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

6

Prohibition notices

  • 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

7

Prohibition notices examples

  • 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

8

Appeals against notices – Right of appeal

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

9

Appeals against notices – Effect of appeal

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