An inspector calls
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To survive a health and safety inspection, operators must ensure they and their employees are prepared for scrutiny.
Words: Poppy Williams and Paul Burnley The penalties for breaking health and safety laws were increased by the Health and Safety Offences Act 2008. Many relatively minor offences, which would previously havc attracted a moderate fine, can now be punished by greater lines and even prison sentences.
Can there be any better reasons for protecting yourself and your business when a health and safety inspector calls?
What can an inspector do?
A health and safety inspector can visit any workplace without giving notice. but for a routine inspection, they will phone ahead. Workplaces include work premises and the residences of staff who work from home.
Whatever the purpose of the visit, inspectors have the authority to take any or all of the following actions: • require any individual to answer questions if there is reasonable cause to believe they are in possession of relevant information: • direct that premises should he left undisturbed for as long as is reasonably necessary: • take measurements and photographs or samples of anything in the premises; take possession of anything for so long as is necessary to examine it, and to ensure they are available for legal proceedings; • dismantle anything that is likely to cause danger to health and safety; • take any book or document relevant to their investigation; • require employers to give them the facilities and assistance necessary for exercising their powers; • issue an improvement or prohibition notice (requiring you to take certain safety measures or cease a certain activity).
If there has been a fatality at work. the police will also investigate and will be one of the first on the scene. They will look for evidence of individual manslaughter and/or corporate ma nslaughter.The police have even more powers than health and safety inspectors, particularly the power to arrest and detain individuals if they suspect an offence might have been committed.
How can I protect my business?
The authorities have powers to issue warnings, legal notices, and to prosecute companies and individuals if they find evidence against them.
The following pointers can go a long way to help you protect yourself and your business when a health and safety inspector calls, particularly following an incident.
• Appoint a single point of contact for the health and safety inspector to liaise with your business. This should allow for proper management of the relationship and ensure there is no confusion over arrangements made with the inspector, including their requests for information.
• Ask questions it is important that you fully understand what is going on when an inspector visits. However, do not appear obstructive.
• Retain a written record of what information or items are taken by the inspector. If possible, provide the inspector with copies and retain originals. Be co-operative and helpful. but be aware that any information, items or statements taken may he used in evidence against you. If you are unsure as to what an inspector is entitled to take or what you are obliged to disclose, seek legal advice.
• Make a written note of any meetings or important discussions with the inspector.This might prove to be helpful if there is any dispute later over your co-operation or other significant matters. If something particularly important is agreed with the inspector. ask them to confirm it in writing to you.
• If the inspector proposes to take witness statements from employees.seek to ensure that those employees have a representative of the company at the interview and ask for a copy of their statement. However, those being interviewed do not have to agree to either. • You must also understand the nature of the interviews being conducted. You are advised to seek legal advice and representation for certain types of interview, such as interviews under caution.
If requests for information, documents and items are made by the inspector, you may ask for a reasonable amount of time to comply.
It may take the business several working days to collate the requested information.
Begin your own investigation. Don't wait to be prosecuted. Since you know the workings of your business better than any inspector, you will determine what happened and why more quickly than the police and the Health and Safety Executive or other body.
Recent successful HSE prosecutions
• £130.000 fine plus £220,000 costs against Veolia Environmental Services (UK). An employee was killed when an 1.100 litre recycling bin fell on his head.
• £90.000 fine plus £18.800 costs against Aviance UK. One of its employees was crushed to death under the wheels of a vehicle at Heathrow Airport.
A> • £65,000 fine plus £27.500 costs against Daylesford Organic Farms. An employee fell from a telehandler and was crushed to death by its wheels. •