Notice
Stage 1: Consider a notice

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

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, e.g. 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

where the enforcement decision relates to crown premises:

• consider serving a crown notice