Ensure Compliance with Improvement and Prohibition Notices

If you have ever had the pleasure of the HSE visiting you and leaving saying great job, well done!

The Health and Safety Executive or Local Authority can visit and leave an improvement notice or a prohibition notice.

The HSE or LA may issue an improvement notice if they believe you’re breaking health and safety law. This will usually be where the law is being broken in a relatively serious way, or in a way that poses a risk to people.

Health and safety prohibition notices. If inspectors believe that your work activities give rise to a risk of serious personal injury, they may issue you with a prohibition notice. The prohibition notice normally requires you to stop that activity immediately.

Remember to always comply with the requirements of a notice, and ask for clarification on any matters that you are unsure of – otherwise you could find yourself in court and in receipt of a large fine.

Tips to Ensure Compliance with Improvement and Prohibition Notices

  1. Check that the notice has been served on the correct legal entity – for example you might be a partnership or limited company – to avoid any confusion or future legal complications.
  2. Remember that any non-compliance will be noted by the HSE. An Inspector may refer to the same issue on any future visit, therefore, it’s important to take the correct action straight away. Failure to comply with a notice often leads to prosecution.
  3. Do contact the Inspector who issued you the notice if you think you may have difficulty in complying with its requirements. In certain circumstances, they may be able to offer you a time extension. An Inspector will usually ask for proof of action taken – even if they don’t pay a visit – so be sure to keep a written record of what you have done, and any related purchase receipts and service records, for example.
  4. There is often a schedule attached to the notice – make sure you read this as it will give clear directions on how best to achieve compliance.
  5. Give clear responsibility for ensuring compliance with the notice to a senior member of staff, to ensure that the necessary personnel and funds can be put forward to enable the necessary action to take place.

Contact us if you require assistance.