Health and safety inspections
When an Inspector calls
The Health and Safety Executive (HSE) places a duty on Local Authorities to make ‘adequate arrangements for the enforcement’ of health and safety. The HSE issues guidance to Local Authorities to help them target their resources at sectors that have been identified as poor performers. This guidance to Local authorities is called 'Setting Local Authority Priorities and Targeting Interventions for LAC 67/2 and is updated annually.
The Intervention Visit (Inspection)
Inspectors often arrive unannounced, but will on some occasions make an appointment. On arrival on site, inspectors will introduce themselves to a member of staff and request to speak the owner or manager of the premises. All Inspectors carry identification, you should always ask to see ID. The inspector will then explain what they require from the inspection. Inspectors will require to see a range of paperwork and may wish to speak to a number of staff including general workers, safety representatives, managers or directors of companies.
Generally inspectors are checking to see that;
- Adequate measures are in place to control risks to the health and safety of employees, public and any other person who may be affected by the business.
- Measures are taken to comply with the law Inspectors will wish to quickly look at all of the information mentioned in the new businesses section.
Targeting premises
We select businesses for intervention visits based on the National Priority Topics set by HSE, or Local Priorities that have been identified due emerging trends or incidents. Presently national priorities include: Construction, Infection from Open Farms (Petting Zoo's etc), Inflatable amusement devices, Trampoline parks and gas safety in commercial catering and electrical safety in hospitality settings.
Intervention visits may also be undertaken following the notification of an Accident or following a complaint made about a business.
Post intervention
Following the visit a handwritten report is left with the business which contains an action list for the business to complete and will often put a timescale on completion of the works. Sometimes a letter may be sent to the business, or to the company head office if it is situated elsewhere in the country.
Occasionally formal action maybe considered, the Inspector will discuss this with the duty holder at the time.
Formal actions
Often a report will be left with the business following an inspection or a letter will be sent outlining any matters that require addressing. However sometimes formal action is required. Formal action is taken in accordance with the Council's Environmental Health Enforcement Policy after consideration is given to the HSE Enforcement Management Model. When standards are found to be unsatisfactory, improvements are for the most part achieved by provision of advice and information by the inspecting officer. In some cases, however, formal action is required, for example:
- Service of an improvement notice which requires specified works to be undertaken within a limited time
- Prohibiting an activity or use of premises until action is completed to remove the risk to health or safety
- Prosecution where there are serious breaches of the law or an improvement or prohibition notices have not been complied with.
Information to employees or their representatives
An inspector will meet or speak to employees or their representatives during a visit, wherever possible, unless this is clearly inappropriate because of the purpose of the visit. When they meet, employees or their representatives should always be given the opportunity to speak privately to the inspector, if they so wish.
The inspector will provide employees or their representatives with certain information where necessary for the purpose of keeping them informed about matters affecting their health, safety and welfare. This information relates to the workplace or activity taking place there, and action which the inspector has taken or proposes to take. The type of information that an inspector will provide includes:
- matters which an inspector considers to be of serious concern
- details of any enforcement action taken by the inspector, and
- an intention to prosecute the business (but not before the duty holder is informed).
Depending on the circumstances, the inspector may provide this information orally or in writing.
Self assessment questionnaires
These are sent to premises that we have already determined are low risk. The questionnaire allows the team to monitor the business and determine if there have been any substantial changes in the way it operates.
Joint Inspections
Food businesses are likely to receive a joint intervention visit when a Food Inspector visits their premises. The Food inspector will discuss a health and safety topic that is relevant to food premises, such as Slips and Trips or gas safety.
Joint visits may also be undertaken with the Police, Lancashire Fire and Rescue or other Council departments such as Licensing or Planning.
Complaints about our service
If your are dissatisfied with the service you have received, or with the conduct of an officer you can contact the Commercial Protection Manager (environmentalhealth@lancaster.gov.uk) If you are still not satisfied then may make a formal complaint through the corporate complaints procedure.
The Independent Regulatory Challenge Panel
The Independent Regulatory Challenge Panel will look into complaints regarding advice given by the Council's H&S inspectors about health and safety which you think is incorrect or goes beyond what is required to control the risk adequately.
The panel will consist of independent members who will have the competence and experience to assess advice that has been given on regulatory matters.
Before you raise an issue with the panel, you should have first tried to resolve the matter with the H&S inspector and/or H&S team manager.
If you have tried to resolve the matter with the H&S Team, but have not been able to reach a satisfactory compromise. Please contact the Independent Regulatory Challenge Panel.
More Information:
What to expect when a Health and Safety Inspector calls
Last updated: 16 August 2024