Health and Safety Enforcement
Enforcing Authority
Perth and Kinross Council is an "Enforcing Authority" for the purpose of enforcing the Health and Safety at Work etc Act 1974 and associated Regulations for certain business sectors. Section 18 of the Act places a duty on the Council for enforcement of health and safety legislation within their area. In practice this means that the Council enforces the legislation in for instance Offices, Retailing, Leisure, Hotels etc, catering and some types of warehouses and care homes.
For other business sectors the Health and Safety Executive (HSE) is the enforcing authority eg agriculture, construction, factories, engineering works, Council & Government buildings etc.
Occasionally the enforcing authority responsible for a particular premises may not be clear, such as those where more than one activity is carried on. When this occurs it is the main activity carried out that will determine the appropriate enforcing authority.
Enforcement Policy Statement for Planned Inspections
An extract of the council's Health and Safety Policy Statement in respect of planned inspections can be downloaded using the link opposite.
Inspectors
Inspectors are appointed by the Council to enforce health and safety legislation and will hold copies of their authorisation (Warrant Card) and an identity card. They are authorised to enter premises at any reasonable time to carry out inspections or make investigations and to take statements, physical evidence, samples, photographs and documents as may be necessary. They may also serve notices and prepare reports for the Procurator Fiscal.
Where applicable the inspector can meet with an appointed Safety representative of a recognised trade union or a Staff representative where there are no unions recognised to discuss issues of concern and to confirm the findings from any inspection.
Enforcing Health and Safety Law
On finding a breach of health and safety law, the inspector will decide what enforcement action to take and this may be in one or more of several ways to deal with a breach of the law. In most cases these are:
- Informal - Where a breach of the law is relatively minor, the inspector may tell the duty holder, for example the employer or contractor, what to do to comply with the law, and explain why. The inspector will if asked, write to confirm any advice, and to distinguish legal requirements from best practice.
- Improvement Notice - Where the breach of law is more serious, the inspector may issue an improvement notice to tell the duty holder to do something to comply with the law. The inspector will discuss the improvement notice and, if possible, resolve points of difference before serving it. The notice will say what needs to be done, why, and by when. The time period within which to take the remedial action will be at least 21 days, to allow the duty holder time to appeal to an industrial Tribunal if they so wish. The Inspector can take further legal action if the notice is not complied with within the specified time period.
- Prohibition Notice - Where an activity involves, or will involve, a risk of serious personal injury, the inspector may serve a prohibition notice prohibiting the activity immediately or after a specified time period, and not allowing it to be resumed until remedial action has been taken. The duty holder will be told in writing about the right of appeal to an Industrial Tribunal.
- Prosecution - In some cases the inspector may consider that it is also necessary to initiate a prosecution. Decisions on whether to prosecute are informed by the principles in the Health and Safety Commissions (HSC's) Enforcement Policy Statement. Health and safety law gives courts considerable scope for punishing offenders and deterring others. For example a failure to comply with an improvement or prohibition notice, or a court remedy order, carries a fine of up to £20000 or six months imprisonment, or both. Unlimited fines and in some cases imprisonment may be imposed by higher courts.
