Health and safety improvement notices
Where the breach of the law is serious or persistent, we may issue an improvement notice to tell the duty holder to do something to comply with the law. We will discuss the improvement notice and, if possible, resolve points of difference before serving it. The notice will say what needs to be done, why, and by when.
We will give you at least 21 days in which to resolve the problems. This also allows time to appeal the decision to an industrial tribunal if you want. If the problems are not resolved, we can take further legal action.
Health and safety prohibition notices
Section 22 of the Health and Safety at Work Act gives us the power to issue a prohibition notice where an activity involves, or will involve, a risk of serious personal injury. We can prohibit the activity immediately, or after a specified period, where you cannot resume the activity until you have taken remedial action.
The notice will explain why the action is necessary. We will tell you in writing about the right of appeal to an industrial tribunal.
Seizure of objects or substances that could cause danger or personal injury
Section 25 of the Health and Safety at Work Act gives us the power to seize or destroy an object or substance if it is a cause of imminent danger or serious personal injury. This also relates to any plant and/or equipment on the premises, which we want to make safe by removing fuses or taking possession of keys to plant rooms etc.
If we decide to use our seizure powers, we will serve a notice soon after the event and tell you what action we have taken and why.
Our decision on whether to prosecute will be informed by our own internal procedures and enforcement policy, The Code for Crown Prosecutors and the Enforcement Management Model.
Health and safety penalties
Health and safety law gives the courts considerable scope for punishing offenders and deterring others. For example, failing 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.