Updating author: Richard Bretton

On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
Inspectors
Improvement Notices
Prohibition Notices
Prosecution of an employer
Prosecution of an individual

Summary

8.948

• The Health and Safety Executive and local authorities are empowered to appoint suitably qualified persons as inspectors to enforce health and safety legislation. (See 8.950 Inspectors)
• An employer may be served with an Improvement Notice requiring a health and safety contravention to be remedied within a specified time. (See 8.951 Improvement Notices)
• An employer may be served with a Prohibition Notice requiring an activity giving rise to a risk of serious personal injury to be stopped until specified remedial action has been taken. (See 8.952 Prohibition Notices)
• An employer, whether this is a company or an individual, may be prosecuted in the criminal courts. (See 8.953 Prosecution of an employer)
• The Corporate Manslaughter and Corporate Homicide Act 2007, which came into force on 6 April 2008, means that it is now far easier than in the past for the authorities to prosecute companies and large organisations. (See 8.953 Prosecution of an employer)
• An individual person may be prosecuted in the criminal courts. (See 8.954 Prosecution of an individual)

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Future developments

8.949 Corporate Manslaughter and Corporate Homicide Act 2007: No date has yet been announced for the implementation of section 2(1)(d) (defining the duty owed to a person in custody, etc as a 'relevant duty of care') or section 10 (the power to order a conviction, etc to be publicised).

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Inspectors

8.950 The enforcing authorities (the Health and Safety Executive (HSE) and local authorities) are empowered to appoint suitably qualified persons as inspectors to enforce within their areas of responsibility the provisions of the Health and Safety at Work etc Act 1974, any health and safety regulations made under the Health and Safety at Work etc Act 1974, eg the Control of Substances Hazardous to Health Regulations 1999, and certain enactments specified in the Health and Safety at Work etc Act 1974, eg the Factories Act 1961.