Health and Safety- Occupational Health Services

Blaby District Council has a legal duty to enforce the Health and Safety at Work etc Act 1974 and related legislation. On behalf of the Council, inspectors from the Health and Safety Team inspect offices, shops, warehouses, places used for leisure activities and other non-industrial premises to ensure that they are safe for employers and visitors and accidents are prevented wherever possible.

The Health and Safety Team will:

Inspect places of work on a routine basis, visiting high-risk premises more frequently to ensure compliance with health and safety law, in accordance with government priorities.
Investigate relevant workplace accidents to employees or others within one working day of being notified.
Respond to requests for advice or information regarding health and safety within two working days (response to letters and emails within five working days).
Licence particular premises (e.g. skin piercing, sex shops).
Advise other council departments about health and safety at events with a Public Entertainment Licence, cinemas, theatres etc.
Work with Planning and Building Control Officers to advice on the health and safety implications of new developments.
Give advice to customers and all stakeholders on health and safety issues.
Work with other health professionals locally and nationally.

Health and Safety Inspection

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.

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.

Information and Advice

Blaby District Council is committed to working together with proprietors and managers to achieve high standards and to prevent problems. The Health and Safety Team are always willing to give advice on legislation or practical problems, so if you are considering setting up a business, or wish to discuss anything in relation to your existing premises, please feel free to contact us.

Complaints Procedure

If you are not happy with the way a complaint has been dealt with you can contact the inspector's manager. If you are still not satisfied you can use the local authority's formal complaint procedure. You can also contact HSE's Local Authority Unit which will see that your complaint is followed up promptly and fairly with the local authority. If it is unable to resolve the problem it will report the matter to HSC.