Frequently Asked Questions
Who enforces health and safety law?
Enforcement of health and safety law is split
between the HSE (Health & Safety Executive) and Local
Authorities, depending on the nature of the industry or
premises.
How do I know who enforces health and safety in my
premises?
As a general guide the HSE deal with
agriculture, construction, schools, hospitals, police, fire
services, railways and other transport plus fairgrounds and work
carried out in or from domestic premises.
The Local Authority covers retail and wholesale
premises, services provided to the public, leisure and cultural
activities, hotels, pubs and restaurants.
What does enforcing health & safety law actually
involve?
Inspectors will visit from time to time to carry
out health and safety inspections - they do not have to make
an appointment, but often do so - and advise you of things that
need to be done to comply with the law, or which are considered
good practice but are not legal requirements. Various types of
action can be taken as a result, from an advisory letter to
prosecution for serious or repeated offences.
How likely is it that formal action would be taken against
me?
The inspectors have a range of action they can
take, including improvement and prohibition notices, but would
usually reserve these, and prosecution of a business owner, for
very hazardous situations that should have been better controlled,
and cases where someone has been seriously harmed. Normally an
inspector would try to deal with an issue informally in the first
instance, unless there were compelling reasons to take formal
action.
I don't really want to be inspected - is there anything I can
do?
No, inspectors have various powers to allow them
to do their job, including powers of entry, as it is in the
interest of public and employee safety that they are allowed to do
so.
Apart from the power of entry, what can they do?
The simplest way to summarise their powers is to
say that they may do whatever is needed to make a situation safe
(such as seize an article, or issue a notice preventing something)
or to allow them to fully investigate a problem (interview people,
take samples, copy documents).
Do the inspectors do anything else except health & safety
inspections?
Yes, they can you give advice on a number of
topics, and also investigate accident reports and complaints
received about your business.
How would I contact the health & safety inspectors at Eden
District Council?
- Contact: Food, Health and
Safety Team, Mansion House, Penrith CA11 7YG
- Telephone: (01768) 212352 /
212366 / 212327 / 212330 / 212354 / 212365 / 212400
- Email:
env.health@eden.gov.uk
- Fax: (01768) 890732
