Health and safety at work is everyone's responsibility.  It is the responsibility of Government, employers, employees, unions and the self employed.

The purpose of Health & Safety at Work acts is to provide the legislative framework to promote, stimulate and encourage high standards of health & safety at work.

The Health & Safety Commission consists of representatives of both sides of industry and the Local Authorities.  It is responsible for developing policies in the health and safety field and for making proposals for new Health & Safety regulations to the appropriate minister.

The Health & Safety Executive is a separate statutory body appointed by the Health & Safety Commission which works in accordance with directions and guidance given by the Commission.  The Executive also enforces legal requirements and provides an advisory service for both sides of industry.  The major inspectorates in the health and safety field are within the Executive.

The Health & Safety Executive (HSE) are interested in the health and safety of people at work and whether or not people may be harmed by the way work is done.  The HSE staff you are most likely to see are the inspectors.  But inspection is only one part of their work.  The HSE also develops the health and safety laws, codes and standards which cover safe working right across industry, publish advice and guidance and carry out research.  The HSE are there to give you advice or information about what the law requires.

Employers are responsible for seeing that their business is run so that risks to health and safety are properly controlled and that proper provision for welfare is made.  It is the duty of all employers to protect the health and safety of their employees and other people who might be affected by what they do.

The HSE enforce the Health & Safety at Work Act.  They also enforce regulations made under the Act.  There are a large number of regulations, for example the Control of Substances Hazardous to Health regulations (COSHH) and the Workplace (Health, Safety & Welfare) regulations.   They also enforce laws that cover particular hazards such as parts of the Environment Protection Act and the Control of Pesticides regulations.  The HSE also enforces older laws that predate the Health & Safety at Work Act.

The HSE is responsible specifically for a number of places where people work.  These include building sites, factories, mines, farms, fairgrounds, quarries, railways, chemical plants and offshore and nuclear installations.  It is the Local Authority Environmental Health officers that cover shops, some warehouses, most offices and places used for leisure and consumer services - hotels, restaurants and places of worship.

What powers do HSE inspectors have?

The law gives HSE and Local Authority inspectors a wide range of powers.  They can, for example:

• enter premises at any reasonable time (or any time if they think the situation is, or may be dangerous)
  
• carry out examinations and investigations
  
• take measurements, photographs and samples
  
• take possession of an article and arrange for it to be dismantled or tested (they will give you a receipt for anything they take)
  
• inspect and copy documents
  
• issue improvement and prohibition notices and prosecute people and companies.
  

HSE inspectors often visit building sites.  They do this for the following reasons:

• to make sure that risks from work are properly managed
  
• to help people who have responsibilities under the law or talk over a particular problem, often at the employer's request
  
• to investigate accidents and ill health
  
• to investigate and help settle complaints about working conditions that could affect health, safety or welfare
  
• to gather information, for example about technical developments or work- related ill health
  
• to follow up on earlier enforcement action.
  

The HSE inspector's job is to make sure that your business has acceptable standards of health, safety and welfare.  They will tell you what you are required to do by law and if necessary, they may use their powers of enforcement.  Their main aim is to help you do what is reasonable and practicable to control risk.  At all times HSE inspectors are fair and courteous and will keep you informed of what they are doing and why.   You should be aware, of course, that they will enforce the law if they think it necessary.

An HSE inspector may call on one of your sites or your office unannounced or he may make an appointment.  He will probably want to talk to managers, supervisors, employees, health and safety representatives and other people closely associated with the working environment and any in-house health and safety advisers.  The inspectorate may wish to see paperwork such as health and safety policies, risk assessments, plant maintenance and inspection records and accident records.

What happens if the HSE inspector finds something unsafe or against the law?

The answer to this question must, of course, depend on the circumstances.  Inspectors are trained to use their judgement to make sure that employers in similar circumstances are treated in a similar way.  They take particular account of the situation of small businesses.  Their aim is to help and advise but if they find some reckless disregard for the law they will have to acts.  The requirements of the laws they enforce take account of the costs of what you are required to do.  This means that the inspectors require action in proportion to the risks concerned.  Most of the time the inspectors work through persuasion, explaining and making clear what is required by law and what is good practice.

The inspectors use formal enforcement powers only when it is the most appropriate way of dealing with the matter  They might warn or advise you, either orally or in writing, on the steps needed to put things right.  They might issue either an improvement or prohibition notice.  Improvement Notices require you to put things right within a certain time and the inspectors would usually discuss the time limit with you.  Prohibition notices require you to stop doing something until things are put right.  The inspectors only issue prohibition notices if they consider there is a risk of serious injury.  When notices are issued a copy is provided for employees.  The law requires some notices to be put on a register which is open to public inspection.

HSE inspectors will follow up notices to check what action has been taken.  Failure to comply with a notice is a very serious offence and is likely to lead to prosecution.  They are able to prosecute companies and/or any individual breaking the law.  They are unlikely to prosecute for minor breaches of the law and are most likely to take into account your attitude and the safety record of your business in deciding what to do if something is wrong.

In England and Wales the HSE decide whether to prosecute.  In Scotland it is the Procurator Fiscal.  Whether a prosecution goes ahead depends very much on the circumstances of a particular case.  Prosecution is more likely if there is a significant risk to health and safety either because several people are at risk or because the risk is considerable.  Prosecution is also likely if you have ignored safe practice or have ignored previous advice from HSE inspectors.

If you are unhappy about the way you have been dealt with by HSE inspectors the HSE want to know and so does the Guild of Builders and Contractors. In the first instance you should take the matter up with the person that you have been dealing with. The HSE undertake to respond to all letters. If you are not satisfied you should take the matter up with the manager of the area office. If you are still not satisfied you should write direct to the Director General of the HSE at Baynards House, 1 Chepstow Place, Westbourne Grove, London W2 4TF. You can, of course, also write to your MP and seek legal advice.

Further information can be obtained from the Health & Safety Executive area offices.  A full list is attached to this information sheet.

The Guild of Builders and Contractors is grateful to the HSE who are the source of much of the information provided.

HSE AREA OFFICES (open 9am - 5pm Monday to Friday)

Inspectors and other field professionals are based in offices organised into regions.  The asterisk (*) shows an office where you can contact inspectors dealing with the manufacture, processing and storage of chemicals and other onshore major hazards, including gas transmission and distribution, pipelines and the road transport of dangerous substances.

Wales and West Region
Covers: Wales and the unitary authorities of Cornwall, Devon, Somerset, North West Somerset, Bath and North East Somerset, Bristol, South Gloucestershire, Gloucestershire, Hereford & Worcester, Shropshire and Staffordshire.

HSE INFORMATION CENTRES

Sheffield Information Centre (9am-5pm Mon-Fri, personal callers, written & faxed enquiries) HSE, Information Centre, Broad Lane, SHEFFIELD S3 7HQ. Fax. +44 (0) 114 289 2333

The Manufacture, Processing and Storage of Chemicals and other onshore major hazards including gas transmission and distribution, pipelines, and the road transport of dangerous substances.

See HSE offices marked * on previous list.  Enquiries may also be directed to:

CHEMICALS AND HAZARDOUS INSTALLATIONS DIVISION
St Anne's House
Stanley Precinct
Bootle
Merseyside L20 2RA

Tel. +44 (0) 151 951 3235