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.

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Updated 2020-08-04