What are the powers of the Health and Safety Inspector?

Published: Commercial Vehicle Workshop                              

Inspections are an accepted part of maintaining and improving health and safety in the vehicle repair sector. Enforcement agencies will visit either as routine practice or in response to an accident or complaint from an employee or from a third party. Peter Purdom, director of xCenta Solutions, providers of health and safety expertise, explores the powers that the inspector can enforce.

For many it may come as a surprise that the inspector has the authority to interview under caution managing directors, chief executives and senior managers where there is concern that they may have failed in their duty to ensure compliance to safeguard their employees. If an inspector believes there may be obstruction in carrying out their duty they can ask for police support, demonstrating how seriously health and safety is taken. 

Access all areas

The inspector has the right to enter a workshop without giving notice at any time they believe people are working. On the spot inspections are an important part of enforcement; if a visit is pre-planned, it is natural that every effort will be taken to make sure that everything is correct and staff will be more vigilant and taking greater care. However, it is in day to day operations where complacency can sneak in and accidents can happen. For example, in motor vehicle repair the majority of accidents are caused by manual handling of heavy or awkward goods, or slips, trips and falls resulting from hazards such as trailing wires and poor housekeeping. 

Inspectors also have the right to interview employees without management present. During routine visits this helps inspectors understand the activity and attitude of the management or if an incident has occurred the inspector can understand all the facts without the pressure of management influencing the discussion. The inspector will seek to get the root problem of the incident and decide where possible contraventions have occurred, why and who maybe responsible.

Taking evidence

An inspector has the power to take photographs both during the investigation of the accident/complaint and at a routine inspection.  Sometimes this will be to gather evidence for a prosecution or other enforcement action, but on other occasions it could be used to demonstrate to management where improvements can be made.

Service of Improvement or Prohibition Notices

If the inspector on site believes that there has been a breach of legal requirements he can serve an Improvement Notice to ensure compliance, which will include the time limit to remedy failures and possibly a schedule of what needs to be done. However, where there is a serious risk of injury the inspector may take instant action, for example by stopping certain pieces of equipment being used or even going as far as requiring all work to stop immediately. This is done through the use of Prohibition Notices, which will specify the risk and again may advise how it can be put right. Both types of Notices can be appealed through an Industrial Tribunal, but if not appealed they must be complied with during the specified time period or else further legal action, for example prosecution, may be taken.

The HSE’s or Local Authority inspectors have been given such a range of powers in order to take necessary action to prevent workers or visitors being put at risk. A routine visit by an inspector clearly is to ensure you are complying and at the same time encourage best practice. Enforcement Notices or other legal action comes where there is clear and sometimes blatant disregard for compliance. What is paramount is that workshops don’t compromise on health and safety and ensure that all areas of operations are compliant and all paperwork is up-to-date and easily accessible.

To find out more, visit www.xcenta.co.uk

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