What is The Health and Safety Executive (HSE)?

The flagship for Health and Safety regulation in the UK, the Health and Safety Executive (HSE) is the governing body of the nation’s workplace health and safety. The HSE makes proposals to the government, which then turns them into regulations. Both primary and secondary legislation are enforced by the HSE, including the Health and Safety at Work Act 1974

(HSAWA).

The Establishment of the HSE and the Health and Safety at Work Act 1974

The Health and Safety at Work Act 1974 was the birth of the Health and Safety Executive, and was the beginning of modern Health and Safety regulations with the intention of preventing workplace injury and death.

What are the responsibilities of the HSE?

Firstly and most importantly the HSE is tasked with enacting and enforcing legislation to prevent workplace accidents, injuries and fatalities. As a secondary initiative it creates guidelines for the correct ways to stay compliant with health and safety law. This includes resources as well as updates on amendments and changes to existing health and safety regulations, as well as new regulations being implemented on the horizon.

Some of the HSE’s other key responsibilities include:

• Carrying out research in health and safety.
• The promotion of safer and healthier work practices.
• Advising business owners and employees on safe and healthy work practices.
• Ensuring compliance with all current health and safety laws.
• Controlling licensing related activities in industries where there is a major risk of occupational hazards.

The HSE as a regulatory body

As the governing body the Health and Safety Executive is responsible for employer compliance with health and safety law, ensuring that they take full responsibility for controlling the risks that they create. The HSE enforces this through both audits and inspections.

Employers hoping to ensure a positive visit from an HSE official should employ the following practices:

• Ensure obvious risks are controlled under Management of Health and Safety at Work Regulations 1999.
• Risk assessments and policies are current and readily accessible to staff.
• Facilities and equipment needed for staff safety is provided.
• Full training is provided and staff are educated on Health and Safety based practice necessities and procedures in the workplace.
• Posters containing Health and Safety law are correctly displayed.
• Staff are consulted regularly on possible dangers within the workplace.
• Thorough records are kept by the organisation and are well maintained.
• Feedback and enforcement notices from the HSE are dealt with in a timely manner.
• Health and Safety is enforced by management.

What happens if my business is found in breach of Health and Safety laws?

There can be serious consequences for failing an inspection from the HSE. You could  be issued a notice of contravention, which will state that the inspector has seen or suspects something that contravenes health and safety legislation. The notice will typically ask for an explanation and how you intend to correct the issues and to provide evidence.

Enforcement notices

If the breach is considered serious enough to put workers and/or members of the public at significant risk then the HSE could issue your business with an enforcement notice. The notice is effective immediately and action should be undertaken to remedy the issues straight away.

Additionally, if your business is served with an enforcement notice then your details will appear on a public register for five years.

There are two types of enforcement notice. Your business will be issued one accordingly, depending on the severity of the health and safety breach:

Improvement notices

Your business could be asked to make improvements in the form of an improvement notice that gives you up to 21 days to correct the issues. This is usually in the case where there is a possibility  of a future breach of legislation.

Prohibition notices

A prohibition notice is more serious, forcing your business to immediately stop any and all activities deemed to be dangerous. They also grant the HSE power to seize equipment and other items in evidence, as they deem necessary.

More seriously still, the HSE inspector may seek to prosecute, which could result in a huge financial penalty and/or a prison sentence for failing to comply with Health and Safety Law.

Avoid costly Health and Safety mistakes

Croner’s expert team of Health and Safety advisors are on hand to ensure your business is fully compliant with the latest legislation.

Contact us today on 0808 501 6651.