Enforcing Standards
The HSE enforce health and safety standards within the United Kingdom. The HSE will, in order to ensure compliance to its standards, issue Enforcement Notices to individuals or businesses which take form as either an Improvement Notice or a Prohibition Notice.
Improvement Notices
If the HSE or local authority believe that you are contravening heath and safety regulations they may issue you with an Improvement Notice.
These notices provide an opportunity for the recipient to make improvements to their health and safety procedures in order to ensure that they comply with health and safety legislation. Improvement notices are generally issued when an inspector believes that health and safety regulations are being breached or that there is currently a risk to your workers.
The notice will provide details of how health and safety regulations are being broken, what correction is required and the deadline for compliance (at least 21 days).
If you fail to comply with a Improvement Notice, you may face prosecution – it is imperative that you seek legal advice at the earliest opportunity. This will ensure that you you are fully informed of the requirements contained within an Improvement Notice, and avoid any further action being taken against you or your business.
Prohibition Notices / Stop Notices
These notices are issued when an inspector believes that there is the real risk of serious personal injury occurring at your business premises. The notice normally states what law(s) have been breached and what corrective action needs to be taken in order to remedy the situation and ensure compliance with health and safety regulations.
The notice will require you to stop performing the activity creating the risk of personal injury immediately until the risk is remedied.
If you fail to stop carrying out the activity detailed within the Prohibition notice this could result in prosecution and as such, it is imperative that you are fully aware of what you are required to do when having been issued with a Prohibition Notice.
Can I Appeal against an Enforcement Notice?
If you believe that you have been issued with a notice and do not agree with the content or the corrective action stated within the notice, it is possible to appeal against the decision. There are strict time limits when appealing a decision and as such, it is advisable to contact a specialist solicitor as soon as possible.
Our team can be contacted today on 0113 284 5062, alternatively they can be contacted via email by clicking here. Our team will be more than happy to listen to your circumstances and will endeavour to assist you with your case.
