Notice - Stage 1: Consider a notice
Step 1.1
For: Inspector
Can a notice be supported with sufficient evidence?
Gather all the evidence and information available, assess it and decide:
- if it is sufficient to support your opinion in the context of HSWA Sections 21 or 22 that an improvement or prohibition notice should be served, and
- sufficient to successfully defend the decision to issue a notice at an appeal hearing before an Employment Tribunal, or
- whether more evidence/information is required and obtainable
All material gathered:
- should be recorded and retained in accordance with the CPI Act in England and Wales or the Enforcement Handbook in Scotland
Step 1.2
For: Inspector
Are you minded to serve a notice?
Taking into account the different types of notice,
where there is risk of serious personal injury and you are of the opinion the activity should be stopped immediately:
- serve an immediate prohibition notice, taking into account the relevant requirements in stages 2, 3 and 4 of this procedure
where the immediate cessation of the activity would give rise to further risks, eg uncontrolled shutdown of a chemical process:
- consider serving a deferred prohibition notice
where there is, or has been, a legal contravention and it is likely to continue or be repeated:
- consider serving an improvement notice
For further guidance, please see:
Enforcement Guide – Notices – Improvement and Prohibition Notices
where the enforcement decision relates to crown premises:
- consider serving a crown notice
For guidance on this, please see:
For guidance on prohibition notices under COMAH, please see:
HID COMAH Manual chapter 6