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I recently asked the HSE about their rights of entry to business premises, and this is the reply I got.
Ref: DJSH-8CNCHD
Dear Mr ......
Thank you for your enquiry regarding the powers of Inspectors.
An HSE Inspector has the power to enter ANY premises that falls under their
enforcement responsibility. This includes premises run by self-employed
persons and limited companies where there are no 'employees' and therefore
the Inspector would have the power of entry. Furthermore, an Inspector does
not have to give notice and may enter without permission and may take a
Police Officer.
The powers of inspectors is outlined in Section 20 of the Health and Safety
at Work etc Act 1974 as follows:
20 Powers of inspectors
(1) Subject to the provisions of section 19 and this section, an
inspector may, for the purpose of carrying into effect any of the relevant
statutory provisions within the field of responsibility of the enforcing
authority which appointed him, exercise the powers set out in subsection
(2) below.
(2) The powers of an inspector referred to in the preceding subsection are
the following, namely--
(a) at any reasonable time (or, in a situation which in his opinion is or
may be dangerous, at any time) to enter any premises which he has reason to
believe it is necessary for him to enter for the purpose mentioned in
subsection (1) above;
(b) to take with him a constable if he has reasonable cause to apprehend
any serious obstruction in the execution of his duty;
(c) without prejudice to the preceding paragraph, on entering any premises
by virtue of paragraph (a) above to take with him--
(i) any other person duly authorised by his (the inspector's) enforcing
authority; and
(ii) any equipment or materials required for any purpose for which the
power of entry is being exercised;
(d) to make such examination and investigation as may in any circumstances
be necessary for the purpose mentioned in subsection (1) above;
(e) as regards any premises which he has power to enter, to direct that
those premises or any part of them, or anything therein, shall be left
undisturbed (whether generally or in particular respects) for so long as is
reasonably necessary for the purpose of any examination or investigation
under paragraph (d) above;
(f) to take such measurements and photographs and make such recordings as
he considers necessary for the purpose of any examination or investigation
under paragraph (d) above;
(g) to take samples of any articles or substances found in any premises
which he has power to enter, and of the atmosphere in or in the vicinity of
any such premises;
(h) in the case of any article or substance found in any premises which he
has power to enter, being an article or substance which appears to him to
have caused or to be likely to cause danger to health or safety, to cause
it to be dismantled or subjected to any process or test (but not so as to
damage or destroy it unless this is in the circumstances necessary for the
purpose mentioned in subsection (1) above);
(i) in the case of any such article or substance as is mentioned in the
preceding paragraph, to take possession of it and detain it for so long as
is necessary for all or any of the following purposes, namely--
(i) to examine it and do to it anything which he has power to do under that
paragraph;
(ii) to ensure that it is not tampered with before his examination of it is
completed;
(iii) to ensure that it is available for use as evidence in any proceedings
for an offence under any of the relevant statutory provisions or any
proceedings relating to a notice under section 21 or 22;
(j) to require any person whom he has reasonable cause to believe to be
able to give any information relevant to any examination or investigation
under paragraph (d) above to answer (in the absence of persons other than a
person nominated by him to be present and any persons whom the inspector
may allow to be present) such questions as the inspector thinks fit to ask
and to sign a declaration of the truth of his answers;
(k) to require the production of, inspect, and take copies of or of any
entry in--
(i) any books or documents which by virtue of any of the relevant statutory
provisions are required to be kept; and
(ii) any other books or documents which it is necessary for him to see for
the purposes of any examination or investigation under paragraph (d) above;
(l) to require any person to afford him such facilities and assistance with
respect to any matters or things within that person's control or in
relation to which that person has responsibilities as are necessary to
enable the inspector to exercise any of the powers conferred on him by this
section;
(m) any other power which is necessary for the purpose mentioned in
subsection (1) above.
Reference: Health and Safety at Work etc Act 1974 (ISBN 0105437743, £12.35)
A copy of the Act is available from Stationery Office (HMSO):
Stationery Office Ltd
PO Box 29
Norwich
NR3 1JN
Telephone: 0870 242 2345
Internet: www.tsoshop.co.uk
Alternatively, the act can be downloaded online at the following web address:
http://www.hse.gov.uk/legislation/hswa.pdf
The following general information has been taken from the HSE's free
leaflet 'What to expect when a health and safety inspector calls: a brief
guide for businesses, employees and their representatives' and may be
useful:
Inspectors have the right to enter any workplace without giving notice,
though notice may be given where the inspector thinks it is appropriate.
On a normal inspection visit an inspector would expect to look at the
workplace, the work activities, your management of health and safety, and
to check that you are complying with health and safety law. The inspector
may offer guidance or advice to help you. He/she may also talk to
employees and their representatives, take photographs and samples, serve
improvement notices and take action if there is a risk to health and safety
which needs to be dealt with immediately.
Enforcing health and safety law
On finding a breach of health and safety law, the inspector will decide
what action to take. The action will depend on the nature of the breach,
and will be based on the principles set out in the Health and Safety
Executives Enforcement Policy Statement. The inspector should provide
employees or their representatives with information about any action taken,
or which is necessary for the purpose of keeping them informed about
matters affecting their health, safety and welfare.
Inspectors may take enforcement action in several ways to deal with a
breach of the law. In most cases these are:
Informal
Where the breach of the law is relatively minor, the inspector may tell the
dutyholder, for example the employer or contractor, what to do to comply
with the law, and explain why. The inspector will, if asked, write to
confirm any advice, and to distinguish legal requirements from best
practice advice.
Improvement notice
Where the breach of the law is more serious, the inspector may issue an
improvement notice to tell the dutyholder to do something to comply with
the law. The inspector will discuss the improvement notice and, if
possible, resolve points of difference before serving it. The notice will
say what needs to be done, why, and by when. The time period within which
to take the remedial action will be at least 21 days, to allow the
dutyholder time to appeal to an Industrial Tribunal if they so wish. The
inspector can take further legal action if the notice is not complied with
within the specified time period.
Prohibition notice
Where an activity involves, or will involve, a risk of serious personal
injury, the inspector may serve a prohibition notice prohibiting the
activity immediately or after a specified time period, and not allowing it
to be resumed until remedial action has been taken. The notice will
explain why the action is necessary. The dutyholder will be told in
writing about the right of appeal to an Industrial Tribunal.
Prosecution
In some cases the inspector may consider that it is also necessary to
initiate a prosecution. Decisions on whether to prosecute are informed by
the principles in HSE's Enforcement Policy Statement. Health and safety
law gives the courts considerable scope for punishing offenders and
deterring others. For example, a failure to comply with an improvement or
prohibition notice, or a court remedy order, carries a fine of up to £20
000, or six months' imprisonment, or both. Unlimited fines and in some
cases imprisonment may be imposed by higher courts.
Appeals
A dutyholder will be told in writing about the right of appeal to an
Industrial Tribunal when an improvement or prohibition notice is served.
The appeal mechanism is also explained on the reverse of the notice. The
dutyholder will be told:
• how to appeal, and given a form with which to appeal.
• where and within what period an appeal may be brought; and
• that the remedial action required by an improvement notice is suspended
while an appeal is pending.
Information to employees or their representatives
During a normal inspection visit an inspector will expect to check that
those in charge, eg employers, have arrangements in place for consulting
and informing employees or their representatives, eg safety
representatives, about health and safety matters. Such arrangements are
required by law.
An inspector will meet or speak to employees or their representatives
during a visit, wherever possible, unless this is clearly inappropriate
because of the purpose of the visit. When they meet, employees or their
representatives should always be given the opportunity to speak privately
to the inspector, if they so wish.
The inspector will provide employees or their representatives with certain
information where necessary for the purpose of keeping them informed about
matters affecting their health, safety and welfare. This information
relates to the workplace or activity taking place there, and action which
the inspector has taken or proposes to take. The type of information that
an inspector will provide includes:
• matters which an inspector considers to be of serious concern;
• details of any enforcement action taken by the inspector; and
• an intention to prosecute the business (but not before the dutyholder is
informed).
Depending on the circumstances, the inspector may provide this information
orally or in writing.
Reference:
HSC14, What to expect when a health and safety inspector calls: a brief
guide for businesses, employees and their representatives, free for a
single copy. This leaflet can be downloaded online at the following web
address:
http://www.hse.gov.uk/pubns/hsc14.htm
You may also find the following free leaflets useful: (all free for a
single copy)
INDG259, An Introduction To Health And Safety
HSC13, Health And Safety Regulation - A Short Guide
HSE41, Enforcement Policy Statement
All of the publications referred to are available from HSE Books:
HSE Books
PO Box 1999,
Sudbury,
Suffolk, CO10 2WA.
Tel: 01787 881165
Fax: 01787 313995
Email: hsebooks@prolog.uk.com
http://books.hse.gov.uk/hse/public/home.jsf
Many of the free publications can also be downloaded from the HSE Website:
www.hse.gov.uk
I hope this helps, but if you require further assistance, please do not
hesitate to contact this address again or telephone HSE Infoline on 08453
450055.
Yours sincerely
Daniel
HSE Infoline
HSE is committed to maintaining your personal information in a manner that
meets the requirements of the Data Protection Act 1998.
Sometimes, we may need to pass your details to another government
department or public body so that they can help you with your enquiry.
HSE Infoline is provided by Connaught Compliance Services Ltd on behalf of
HSE
Ref: DJSH-8CNCHD
Dear Mr ......
Thank you for your enquiry regarding the powers of Inspectors.
An HSE Inspector has the power to enter ANY premises that falls under their
enforcement responsibility. This includes premises run by self-employed
persons and limited companies where there are no 'employees' and therefore
the Inspector would have the power of entry. Furthermore, an Inspector does
not have to give notice and may enter without permission and may take a
Police Officer.
The powers of inspectors is outlined in Section 20 of the Health and Safety
at Work etc Act 1974 as follows:
20 Powers of inspectors
(1) Subject to the provisions of section 19 and this section, an
inspector may, for the purpose of carrying into effect any of the relevant
statutory provisions within the field of responsibility of the enforcing
authority which appointed him, exercise the powers set out in subsection
(2) below.
(2) The powers of an inspector referred to in the preceding subsection are
the following, namely--
(a) at any reasonable time (or, in a situation which in his opinion is or
may be dangerous, at any time) to enter any premises which he has reason to
believe it is necessary for him to enter for the purpose mentioned in
subsection (1) above;
(b) to take with him a constable if he has reasonable cause to apprehend
any serious obstruction in the execution of his duty;
(c) without prejudice to the preceding paragraph, on entering any premises
by virtue of paragraph (a) above to take with him--
(i) any other person duly authorised by his (the inspector's) enforcing
authority; and
(ii) any equipment or materials required for any purpose for which the
power of entry is being exercised;
(d) to make such examination and investigation as may in any circumstances
be necessary for the purpose mentioned in subsection (1) above;
(e) as regards any premises which he has power to enter, to direct that
those premises or any part of them, or anything therein, shall be left
undisturbed (whether generally or in particular respects) for so long as is
reasonably necessary for the purpose of any examination or investigation
under paragraph (d) above;
(f) to take such measurements and photographs and make such recordings as
he considers necessary for the purpose of any examination or investigation
under paragraph (d) above;
(g) to take samples of any articles or substances found in any premises
which he has power to enter, and of the atmosphere in or in the vicinity of
any such premises;
(h) in the case of any article or substance found in any premises which he
has power to enter, being an article or substance which appears to him to
have caused or to be likely to cause danger to health or safety, to cause
it to be dismantled or subjected to any process or test (but not so as to
damage or destroy it unless this is in the circumstances necessary for the
purpose mentioned in subsection (1) above);
(i) in the case of any such article or substance as is mentioned in the
preceding paragraph, to take possession of it and detain it for so long as
is necessary for all or any of the following purposes, namely--
(i) to examine it and do to it anything which he has power to do under that
paragraph;
(ii) to ensure that it is not tampered with before his examination of it is
completed;
(iii) to ensure that it is available for use as evidence in any proceedings
for an offence under any of the relevant statutory provisions or any
proceedings relating to a notice under section 21 or 22;
(j) to require any person whom he has reasonable cause to believe to be
able to give any information relevant to any examination or investigation
under paragraph (d) above to answer (in the absence of persons other than a
person nominated by him to be present and any persons whom the inspector
may allow to be present) such questions as the inspector thinks fit to ask
and to sign a declaration of the truth of his answers;
(k) to require the production of, inspect, and take copies of or of any
entry in--
(i) any books or documents which by virtue of any of the relevant statutory
provisions are required to be kept; and
(ii) any other books or documents which it is necessary for him to see for
the purposes of any examination or investigation under paragraph (d) above;
(l) to require any person to afford him such facilities and assistance with
respect to any matters or things within that person's control or in
relation to which that person has responsibilities as are necessary to
enable the inspector to exercise any of the powers conferred on him by this
section;
(m) any other power which is necessary for the purpose mentioned in
subsection (1) above.
Reference: Health and Safety at Work etc Act 1974 (ISBN 0105437743, £12.35)
A copy of the Act is available from Stationery Office (HMSO):
Stationery Office Ltd
PO Box 29
Norwich
NR3 1JN
Telephone: 0870 242 2345
Internet: www.tsoshop.co.uk
Alternatively, the act can be downloaded online at the following web address:
http://www.hse.gov.uk/legislation/hswa.pdf
The following general information has been taken from the HSE's free
leaflet 'What to expect when a health and safety inspector calls: a brief
guide for businesses, employees and their representatives' and may be
useful:
Inspectors have the right to enter any workplace without giving notice,
though notice may be given where the inspector thinks it is appropriate.
On a normal inspection visit an inspector would expect to look at the
workplace, the work activities, your management of health and safety, and
to check that you are complying with health and safety law. The inspector
may offer guidance or advice to help you. He/she may also talk to
employees and their representatives, take photographs and samples, serve
improvement notices and take action if there is a risk to health and safety
which needs to be dealt with immediately.
Enforcing health and safety law
On finding a breach of health and safety law, the inspector will decide
what action to take. The action will depend on the nature of the breach,
and will be based on the principles set out in the Health and Safety
Executives Enforcement Policy Statement. The inspector should provide
employees or their representatives with information about any action taken,
or which is necessary for the purpose of keeping them informed about
matters affecting their health, safety and welfare.
Inspectors may take enforcement action in several ways to deal with a
breach of the law. In most cases these are:
Informal
Where the breach of the law is relatively minor, the inspector may tell the
dutyholder, for example the employer or contractor, what to do to comply
with the law, and explain why. The inspector will, if asked, write to
confirm any advice, and to distinguish legal requirements from best
practice advice.
Improvement notice
Where the breach of the law is more serious, the inspector may issue an
improvement notice to tell the dutyholder to do something to comply with
the law. The inspector will discuss the improvement notice and, if
possible, resolve points of difference before serving it. The notice will
say what needs to be done, why, and by when. The time period within which
to take the remedial action will be at least 21 days, to allow the
dutyholder time to appeal to an Industrial Tribunal if they so wish. The
inspector can take further legal action if the notice is not complied with
within the specified time period.
Prohibition notice
Where an activity involves, or will involve, a risk of serious personal
injury, the inspector may serve a prohibition notice prohibiting the
activity immediately or after a specified time period, and not allowing it
to be resumed until remedial action has been taken. The notice will
explain why the action is necessary. The dutyholder will be told in
writing about the right of appeal to an Industrial Tribunal.
Prosecution
In some cases the inspector may consider that it is also necessary to
initiate a prosecution. Decisions on whether to prosecute are informed by
the principles in HSE's Enforcement Policy Statement. Health and safety
law gives the courts considerable scope for punishing offenders and
deterring others. For example, a failure to comply with an improvement or
prohibition notice, or a court remedy order, carries a fine of up to £20
000, or six months' imprisonment, or both. Unlimited fines and in some
cases imprisonment may be imposed by higher courts.
Appeals
A dutyholder will be told in writing about the right of appeal to an
Industrial Tribunal when an improvement or prohibition notice is served.
The appeal mechanism is also explained on the reverse of the notice. The
dutyholder will be told:
• how to appeal, and given a form with which to appeal.
• where and within what period an appeal may be brought; and
• that the remedial action required by an improvement notice is suspended
while an appeal is pending.
Information to employees or their representatives
During a normal inspection visit an inspector will expect to check that
those in charge, eg employers, have arrangements in place for consulting
and informing employees or their representatives, eg safety
representatives, about health and safety matters. Such arrangements are
required by law.
An inspector will meet or speak to employees or their representatives
during a visit, wherever possible, unless this is clearly inappropriate
because of the purpose of the visit. When they meet, employees or their
representatives should always be given the opportunity to speak privately
to the inspector, if they so wish.
The inspector will provide employees or their representatives with certain
information where necessary for the purpose of keeping them informed about
matters affecting their health, safety and welfare. This information
relates to the workplace or activity taking place there, and action which
the inspector has taken or proposes to take. The type of information that
an inspector will provide includes:
• matters which an inspector considers to be of serious concern;
• details of any enforcement action taken by the inspector; and
• an intention to prosecute the business (but not before the dutyholder is
informed).
Depending on the circumstances, the inspector may provide this information
orally or in writing.
Reference:
HSC14, What to expect when a health and safety inspector calls: a brief
guide for businesses, employees and their representatives, free for a
single copy. This leaflet can be downloaded online at the following web
address:
http://www.hse.gov.uk/pubns/hsc14.htm
You may also find the following free leaflets useful: (all free for a
single copy)
INDG259, An Introduction To Health And Safety
HSC13, Health And Safety Regulation - A Short Guide
HSE41, Enforcement Policy Statement
All of the publications referred to are available from HSE Books:
HSE Books
PO Box 1999,
Sudbury,
Suffolk, CO10 2WA.
Tel: 01787 881165
Fax: 01787 313995
Email: hsebooks@prolog.uk.com
http://books.hse.gov.uk/hse/public/home.jsf
Many of the free publications can also be downloaded from the HSE Website:
www.hse.gov.uk
I hope this helps, but if you require further assistance, please do not
hesitate to contact this address again or telephone HSE Infoline on 08453
450055.
Yours sincerely
Daniel
HSE Infoline
HSE is committed to maintaining your personal information in a manner that
meets the requirements of the Data Protection Act 1998.
Sometimes, we may need to pass your details to another government
department or public body so that they can help you with your enquiry.
HSE Infoline is provided by Connaught Compliance Services Ltd on behalf of
HSE