Some Frequently Asked Questions for Health and Safety at Work

Who will carry out the inspection?
All inspectors carry authorisation warrants, which contain a photograph of the officer concerned, together with details of the powers that the officer has.

Why are they doing the inspection?
Inspectors are basically concerned with ensuring that your business conforms to health and safety laws. These are concerned with protecting the safety, health and welfare of employees, visitors to your premises and people who live or work near your premises.

How often will they come?
This will depend on a number of things including the type of business, whether it poses a number of health and safety risks and the conditions found at previous visits. Premises are assessed at each visit and this determines how often a visit will be made. The frequency can be between six months and five years with additional revisits if problems are found.

Will they tell me when they are coming?
In general, inspections are carried out without advance notice. Where there is a risk of security however, e.g. banks, post offices, etc., an appointment will usually be made beforehand. There may also be occasions when inspectors need to see a particular person, in which case an appointment will be made.

Do I have to let them in?
Generally speaking, Yes. The inspector can insist upon entry as their authorisation gives them the power of access at all reasonable times, which in practice, means when the premises are open for business. Inspectors do have powers to enter at any time if they believe a dangerous situation exists and if they encounter serious obstruction they may request the attendance of a Police Officer. It may be that the inspector calls at a genuinely inconvenient time. In this case the inspector will endeavour to co-operate and call again at a time convenient for both parties.

What other powers does the inspector have?
As well as the power of entry, the inspector’s powers also include:

1. To take with them any other authorised person.
2. To take with them any equipment or materials for use on the inspection.
3. To make any investigation and examination to ensure compliance with the law.
4. To direct that premises, part of premises, equipment, etc, be left undisturbed for as long as necessary to carry out the inspection or investigation.
5. To take measurements, photographs and recordings.
6. To take samples of articles and substances (including air samples).
7. To have articles or substances tested.
8. To seize or detain any article or substance from examination or testing.
9. To require information from persons whom they believe can provide that information.
10. To require the production of, examine or take copies of any entries in books that are either legally required to be kept or which are necessary to the inspector to see when carrying out an investigation.
11. To request facilities (e.g. use of an office and telephone) to enable an investigation to be carried out.

What can I expect from the inspector?
You can expect

1. To be treated in a courteous manner.
2. To be shown identification if you request to see it. Inspectors are encouraged to show you identification as a routine but there is no legal requirement to do so unless asked. (It is, however, good practice for you to request it for your own security).
3. To be given a summary of what, if anything, requires your attention (immediately after the inspection).
4. To be given an explanation leaflet informing you of your rights

What sort of things will the inspector be looking for?

The inspector will focus on the areas that are the commonest cause of accidents, injuries and illnesses, that is:

1. Slips, trips and falls
2. Working at heights
3. Musculo-skeletal disorders
4. Workplace transport
5. Stress (in large employers' premises)

In addition, inspectors will focus on issues that are

1. known hazards in the particular trade being inspected
2. matters of concern seen during the inspection
3. matters raised by the employer or employees
4. issues arising from accident reports or complaints

What will happen after the inspection?

The inspector should advise you verbally of what improvements are necessary.

For anything other than very minor matters a letter and/or notice(s) will be sent, outlining any work that is necessary to be carried out.

In addition, inspectors are more than willing to provide advice and guidance on many health and safety matters either via fact sheets, over the telephone or by personal visit.

What must I do if I receive a letter or notice?
When you receive a letter, it will contain details of matters that require your attention in order to comply with the law. It may also include recommendations for good working practices.

A Prohibition Notice may be issued where the inspector feels there is an immediate risk of serious personal injury (such as unguarded machinery, unsafe processes, dangerous structures, etc.). The notice usually takes immediate effect and must be complied with, even if an appeal is going to be lodged.

An Improvement Notice is issued where standards are lacking (e.g. a hot water supply has not been provided, suitable training has not been given, etc.) In this case the notice will set a date by which the work must be completed. Failure to comply by this date could result in prosecution for both the original offence and for failing to comply with the Notice.

Can I object to a Notice?
If you are served with a Notice you will also receive a form 'Notice of Appeal to an Industrial Tribunal'. This allows you to object to a notice. The appeal must be logged within 21 days of the date of issue of the notice. 

Don’t Forget... Inspectors are more than willing to give advice at any time, particularly before you make changes to the operation of your business. It may be that what you are proposing would not comply with the law and the inspector may be able to offer an alternative solution which would prevent you wasting your time and money.