Investigation - Stage 4: Accessing specialists - Additional guidance
Evidence collection for an LA prosecution
If work is likely to involve evidence collection for a prosecution taken by the LA, then the LA inspector must formally empower the specialist under section 20(2)(c)(i) of the Health and Safety at Work etc. Act 1974
The specialist must also include the following statement in any written report:
"This report considers technical issues and should not be taken as an HSE view on the desirability or feasibility of legal procedures or other
enforcement measures. Enforcement action is a matter for the enforcing authority, which will wish to take into account all the considerations surrounding the case"
In those circumstances where a notification cannot be completed in advance of the work, eg urgent site visit, then the Specialist must discuss the work with his/her Head of Group/Head of Team and complete the COIN Service Order, copying to the ELO for information