Enforcement Of Health and Safety in the Workplace

Everyone has a legal obligation to maintain and follow rules and regulations which have been implemented for their health and safety. The general public will have suggestions on how to better the amendments to the Health and Safety at Work Act 1974, however not every suggested opinion is considered let alone discussed at critical stages.

Most people have wondered and pondered on who overlooks this responsibility and who enforces into existence. The Health and Safety Executive(HSE) and local authorities are responsible for the enforcement of the law on health and safety. Their inspectors can enforce improvement and prohibition notices if a company is in breach of the law. An employer in breach of health and safety obligations may be held criminally liable and personal liability may attach to any director or manager if the offence was committed with their consent or due to their negligence. The HSE publishes a 'name and shame' report which companies and individuals convicted in the previous 12 months for flouting health and safety law. These names can also be accessed on its website http://www.hse.gov.uk/press/press.htm.

The HSE also appoints its own safety inspectors who have the authority to enter premises to carry out investigations. They also investigate when a serious accident has occurred. They may visit the workplace unannounced or by appointment. The HSE may also use the local authority environmental health officers to either assist in or do inspections.

The law lays down minimum standards to protect all workers, not just employees, and the protection extends to further protect members of the public affected by the activities of the employer as well as other sub-contracted workers working on the premises. The law requires every employer to undertake an assessment of risk in relation to the workplace to identify measures necessary to comply with health, safety and fire precautions which causes minimum or no risk at all.

Considerably minimum standards must also be observed for all new buildings and modifications in relation to matters such as ventilation, lighting and sanitary facilities these observations are normally carried out by the local authorities i.e County/City Council. There are numerous regulations that cover dozens  of concerns such as particularly hazardous work, noise and electricity at work, the use of computers, the regulation of construction sites, manual handling of loads, fire precautions and first aid at work - to name a limited number of many.  Employers should have in place special insurance in the event of work-related injuries and other health and safety related claims. The are many specific rules that focus on facts and escalating schools of thought and ways to approach new ways of regulatory measures.

Authority Executed by Health and Safety Inspectors; HSE inspectors have the power to engage in the following-:

• enter premises at any reasonable time;
• be accompanied by authorised persons and a police officer if obstructed;
• use equipment or materials necessary for investigation;
• take samples, measurements and photographs;
• direct that work areas be left undisturbed;
• take possession of articles, substances or equipment if believed to be a source of imminent danger;
• take statements from appropriate persons;
• examine and copy documents;
• issue an improvement notice;
• issue a prohibition notice.