Blaby District Council

Summary

Inspectors have the right to enter any workplace without giving notice, though notice may be given where the inspector thinks it is appropriate. On a normal inspection the inspector would expect to look at the workplace, the work activities, the management of health and safety, and to check compliance with health and safety law.

The inspector will need to be satisfied that any hazards to people's health, safety and welfare, which arise out of or in connection with work, have been identified and the associated risks adequately controlled. They will look at the level of health and safety training of managers and employees to ensure that it is suitable. Checks will also be made on the adequacy of structural and environmental conditions and that plant and equipment are safe.

Environmental Health Officers at Blaby District Council have delegated powers for the enforcement of Health & Safety Legislation. To make sure that enforcement decisions are consistent with statutory guidance and across all enforcement functions within the council, Cabinet adopted a new Environmental Health and Licensing Enforcement Policy in September 2009, which is avaiable on the Food safety - regulations page.

Further information

Enforcement Action

On finding a breach of health and safety law, the inspector will decide what action to take. The action will depend on the nature of the breach and will be based on the principles set out in the Health and Safety Commission's (HSC) Enforcement Policy Statement.

In most cases these are:

• Informal - for a minor breach of the law the inspector may offer guidance or advice. He/she may also talk to employees take photographs and samples and will tell the duty holder about any items which concern them and therefore require attention. Following the inspection they will write a report detailing contraventions and recommendations.
• Improvement Notice - where the breach of the law is more serious, the inspector may issue an improvement notice instructing the duty holder what needs to be done, why, and by when in order to comply with the law. 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. Further legal action may be taken 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 notice will explain why the action is necessary.
• Prosecution - in some cases it may also be necessary to initiate a prosecution. Decisions on whether to prosecute are informed by the principles in HSC's Enforcement Policy Statement. Health and safety law gives the 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 £20 000, or six months' imprisonment, or both. Unlimited fines and in some cases imprisonment may be imposed by higher courts

Related pages on this website

• Food safety - regulations

Contact us

Officer / Team	Commercial Environmental Health Team
Postal address	Blaby District Council Council Offices Desford Road Narborough Leicester LE19 2EP
E-mail address	env.health@blaby.gov.uk
Telephone	0116 272 7555
Fax	0116 272 7594

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This page was last updated on 23rd December 2009