Enforcement

Enforcement policy

EAs shall:

• have an enforcement policy that follows the HSC Enforcement Policy Statement
• review their enforcement policy from time to time in consultation with their stakeholders (including partners, other EAs, employers, employees and their representatives)
• ensure that the enforcement policy is formally endorsed by the enforcing authority
• make the enforcement policy available to the public and to duty holders

EAs shall follow the HSC Enforcement Policy Statement and include the following in their enforcement policy:

• the purpose and method of enforcement
• the principles of proportionality, targeting, consistency, transparency and accountability
• the management of investigations,  prosecutions and work related deaths

Enforcement decisions

EAs shall ensure that:

• enforcement decisions are taken in accordance with their enforcement policy
• arrangements are in place to monitor and review decisions that have departed from normal procedure
• the appropriate enforcement models ( e.g. Enforcement Management Model) are applied consistently to enforcement decisions
• they follow relevant guidance and direction where appropriate before taking enforcement  action

Complaints

EAs shall provide:

• procedures for dealing with complaints against the EA that are accessible to business, the public, employees and other interested parties.

Toolkit

• Enforcement Policy, Enforcement Decisions and Complaints Toolkit [47KB]
• Example - Anywhere Council - Health and safety enforcement policy [80KB]