Investigation - Stage 4: Conduct investigation - Additional guidance
Written advice to dutyholders
Use a letter:
- to cover serious or complicated matters, including matters which require further research or advice from specialist or sector staff
- to confirm issues raised at a complex intervention, such as an health and safety management inspection, an intervention with a multi-site organisation or a poor performer audit type visit
- to explain the findings and recommendations from an investigation, including where a warning that legal action has or is being considered is required
- in support of other enforcement action, such as an improvement notice
- where the dutyholder requests one and you agree it is necessary
- when it is deemed necessary to confirm written advice (or related issues) already sent to the dutyholder or other stakeholders
Use a "reverse letter":
in which the dutyholder provides written confirmation by letter, fax or e-mail of the action taken following a visit where:
- no significant or complex matters are raised at visit
- the company has a good history of compliance
- where the company has sufficiently well developed health and safety knowledge and systems to be able to address and plan remedial actions required
- oral agreement has been reached to prioritise remedial actions and for confirmation of actions taken to be provided by duty holder.
- there is a clear and robust bring-forward system to ensure reply by dates are met.