How to handle a health and safety inspection
Published
01st Oct 2013
by bathamm
Water, electrical equipment, sharp tools and chemicals all make a salon a potentially dangerous place to work. Of course, all respectable salons will have a safety at work policy in place to protect staff and clients from any risk, but should the worst happen, a salon owner will need to be prepared for a visit from a health and safety inspector, and the repercussions this could involve.
Recent changes in the law mean that it is easier than ever to prosecute individuals and employers for breaches of health and safety legislation.
The Health and Safety (Offences) Act 2008 has seen the severity of penalties increase in such a way that even relatively minor offences can now result in hefty fines or even prison sentences for individuals convicted of certain health and safety offences.
More than ever there is now a fundamental need for all duty holders to both understand and be able to manage a health and safety investigation correctly.
Powers of an Inspector during site visits
Routine visits by the Health and Safety Executive are becoming less common as there is now a more coherent focus on inspections of high-risk industries and the selective targeting of duty holders. However, post-incident, every duty holder should prepare themselves for a visit from the Health and Safety Executive.
While some inspectors may warn duty holders of their proposed visit, this is not a legal requirement as the Health and Safety Executive has the power to carry out an inspection on a workplace whenever it sees fit as long as it is at a reasonable time (unless the inspector believes there is a dangerous situation in existence). It is worth noting that a workplace can include work premises and homes of employees who work from home.
An attempt to disrupt or prevent an inspector conducting a visit can lead to a fine or a prison sentence, depending on the severity of the obstruction.
Compulsory interview
Somewhat surprisingly, the Health and Safety Executive has investigatory powers that are, in some respects, wider than those of the police. In particular, the Health and Safety Executive holds a power to compel individuals to answer questions that may assist their investigations. Any failure to answer the questions posed, without good reason, will be a criminal offence.
The person giving the answers must also sign a declaration of truth for their answers.
The power of ‘compulsory interview’ is a draconian one and therefore there are safeguards in place to protect the interviewee. The answers given cannot subsequently be used in court against the person giving those answers and the power of compulsory interview should not be used where the inspector believes that the interviewee has committed a criminal offence.
Investigatory powers
To assist inspectors in their general duties, often conducting post-incident investigations, the law provides them with a number of additional powers. These include:
- To force premises to be closed off or remain undisturbed.
- To require the production of and to inspect any items, books or documents that they see fit. If required, the inspector is entitled to take copies of the relevant entries.
- To take measurements and photographs of the premises.
- To dismantle anything they feel might pose health and safety risks.