Major Incident
Stage 3: Initial response - Additional guidance
Use of prohibition notices against the emergency services
There are a very small number of circumstances in which HSE inspectors should consider issuing PNs to the emergency services because significant risks of personal injury are not being addressed.
Moreover, inspectors, in forming an opinion, should remember that the emergency services are probably more used to making judgements, particularly in life threatening situations, than most HSE inspectors and due allowance should be given to their professional judgement.
Inspectors should remember that there should be no allowance for increased risk for activities where there no person is actually at risk or the task is the recovery of the dead.
If there is concern that the emergency services are putting themselves or the public at significant risk, then inspectors should ensure the emergency services have consulted their own safety advisers; their own dynamic or operational risk assessments and taken any expert advice that is readily obtainable e.g. from the duty holder.
If possible and if there is time, HSE Gold or Silver should be contacted to discuss the matter before resorting to a prohibition notice, or as soon as possible after issuing the PN.
