The law gives local authority inspectors a wide range of powers, including the power to:
- Enter premises at any reasonable time
- Carry out examinations and investigations
- Take measurements, photographs and samples
- Take possession of an article (telling you why and giving you a receipt)
- Have articles dismantled and tested
- Require information and take statements
- Inspect and copy documents
What happens if they find a problem?
The main aim of the inspector is to help and advise, but sometimes he or she will take formal enforcement action. Inspectors take a number of factors into account, including:
- The degree of risk
- The seriousness of the legal contravention
- The group's past record and general attitude to health and safety
- Whether there has been a blatant disregard for the law
- Whether there is sufficient evidence
Formal action
Inspectors can issue the following types of notice:
- Improvement notices - these tell you what the problem is and what action you must take to rectify the problem within a certain time. The inspector will discuss the time limit with you, and explain how to get it extended if you have good reason
- Prohibition notices - these tell you what the problem is and require you to stop doing something until things are put right. These are only issued if the inspector thinks there is a risk of serious injury
Failure to comply with either notice will usually result in the council prosecuting.
Informal action
The inspector will leave an inspection report and schedule on the premises or send it to the employer. This will include the problems found and the recommendations of how to remedy the problems. Each action will be accompanied by a time limit.
However, if the inspector revisits the premises and finds the problem has not been resolved, he or she may then take formal action.
Help with complying
If you need help to comply with either informal or formal action then please contact the inspector who made the inspection. His or her contact details will be included on all correspondence.