Is Your Business Health and Safety Compliant? | HSE Enforcement Action
It can be confusing for an organisation to know whether it’s the HSE or local Environmental Health Department who is responsible for enforcement action or queries relating to health and safety at their premises. The lists below identifies the main establishments to whom the relevant enforcement authority is responsible for. The complete list can be found on the HSE website.
The HSE will enforce against these types of premises:
- Building Sites,
- Schools and Colleges,
- Gas, Electricity and Water Systems,
- Hospitals and Nursing Homes,
- Central and Local Government Premises,
- Offshore Installations,
- Part Finished Goods in Warehouse.”
The Local Environmental Health Department will enforce against these type of premises:
- “Offices except Government Offices,
- Leisure Premises,
- Nurseries and Playgroups,
- Pubs and Clubs,
- Privately Owned Museums,
- Places of Worship,
- Sheltered Accommodation and Care Homes,
- Warehouses Where the Main Activity Is the Storage of Finished Goods Only.”
You may find that when Environmental Health visit your premises to carry out a Food Safety inspection they incorporate a Health and Safety inspection into it too, which could uncover a material breach of Health and Safety legislation.
Furthermore, we can see from this list that not all organisations will be subject to the HSE’s Fee For Intervention scheme and currently there is no equivalent for those under Environmental Health enforcement. Nevertheless, both enforcement authorities work to the same legislation, can take legal action against a company and can visit at any reasonable time of the day.
Avoiding Enforcement Action
If an enforcement officer was to walk through your premises, would they identify any material breaches of legislation? Would they find work activities which could pose a serious risk to personal injury and therefore serve an enforcement action or prohibition notice?
Wirehouse Employer Services can carry out a visual inspection of your premises and during this inspection we will highlight any work activity that is considered a material breach of legislation and also, we will inspect your paper work. If it is identified that there are breaches of legislation or you fall short of compliance we will offer advice and guidance to help you become compliant.
If you would like to know more about how we support businesses with their Health and Safety issues please contact our expert Health and Safety team.