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Power and Rights Of Health and Safety Inspector

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Power & Rights Of Health and Safety Inspector

Following Questions Will Be Covered In This Article

  • Outline the Power Of Health and Safety Inspectors?
  • Identify Actions An Enforcement Authority Might Take If It Finds that An Employer is Not Meeting Its Responsibilities?
  • Explain, Giving An Example in EACH Case, the Circumstances Under Which a Health and Safety Inspector May Serve.

Power Of Health and Safety Inspector

Following are the Powers Of Health and Safety Inspector:

  • Power of entry
  • Take a constable
  • Take any other person or
  • equipment etc.
  • Examination and
  • investigation
  • Direct premises remain
  • undisturbed
  • Take measurements,
  • photographs or recordings
  • Take samples
  • Dismantle or test
  • dangerous articles or
  • substances
  • Take possession and detain
  • items
  • Require a person to give
  • information
  • Inspect and copy books
  • and documents
  • Require facilities and
  • assistance

Explain, giving an example in EACH case, the circumstances under which a health and safety inspector may serve:

  1. An improvement notice
  2. A prohibition notice
  • Improvement Notice – To serve an improvement notice, an inspector must be of the opinion that there is a breach of relevant statutory provisions, or that there has been a breach that is likely to be continued or repeated.
    A relevant example would be a floor that has been poorly maintained in contravention of the requirements of the Workplace (Health, Safety, and Welfare) Regulations 1992.
  • Prohibition Notice – For a prohibition notice to be served, an inspector must be of the opinion that there is, or is likely to be, a risk of serious personal injury.
    A relevant example would be a scaffold that has been poorly constructed and is therefore in an unsafe condition.

Identify actions an enforcement authority might take if it finds that an employer is not meeting its responsibilities.

Possible actions which the enforcement authority can take, such as

  • Giving advice or warning either verbally or in writing;
  • Requiring that an improvement is made within a given period of time;
  • Requiring the cessation of work until improvements in health and safety are made;
  • Taking formal legal proceedings such as prosecution

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