Notice Enforcement

If an employer fails to follow the advice given, the inspectors have the right to take all the necessary measures they consider justifiable under the circumstances and, if necessary, they can issue improvement or enforcement notices. 

Enforcement powers. Compliance with OELs is a legal requirement under the COSHH Regulations. Under the HSW Act 1974 HSE inspectors have powers to issue two types of enforcement notice - an improvement notice or a prohibition notice - as well as powers to prosecute for criminal offences in the courts. Improvement notices are nomally used to instruct duty holders to remedy a situation in which an inspector believes that there has been a breach of the law resulting in a risk to the health or safety of persons that the law is intended to protect. The duty-holder is normally requir to remedy tiie situation within a specified time period in accordance wath the requirements laid out in the notice. Prohibition notices are normally issued where inspectors fell there is m imminent and serious risk to health and safety. They have the effect of prohibiting... 

COSHH accoimted for between 12 per cent and 21 per cent of all enforcement notices each year between 1997 and 2000 (most were inqsrovement notices). Substances with MELs dominated the substances cited in notices, although the enforcement often focused on the process rather than the substance, but tiie existence of an OEL meant that... 

The role of OELs in enforcement actions. Comphance with OELs is a legal requirement under the COSHH Regulations. Under the HSW Act 1974 HSE inspectors have powers to institute a range of formal enforcement actions. These include two types of enforcement notice - an improvement notice or a prohibition notice - as well as powers to institute prosecution for criminal offences in the... 

The detailed examination of the subject matter of enforcement notices issued between 1997 and 2000 looked at both the substances and processes that had been... 

The Management of Health and Safety at Work Regulations 1999 also require all employers to undertake risk assessments with respect to health and safety at work (HSE 2001). During 2004 the West Dorset Hospitals NHS Trust received an HSE enforcement notice for failing to have a work-related stress policy or a risk assessment of work-related stressors. 

Whether the trustee acts with or without consultation of the bondholders, a prudent trustee will take great care in issuing a notice of default or enforcement notice. A prematurely issued default notice may lead to a general loss of confidence in the issuer and trigger cross defaults. However, if the trustee waits too long to issue the default notice, the amount of the bondholders recovery could suffer greatly. Under most structures the trustee is entitled to accelerate the debt immediately or upon expiration of a specified cure period. However, it is not uncommon for the trustee and the bondholders to delay enforcement in order to explore workout options with the issuer. 

One example is a notifieation of order which BP received from the PSA in September 2010. The notifieation focussed on injuries because of workers exposure to noise. When the PSA did not get any response to the notification, the following enforcement notice was issued. BP was instructed to... 

In accordance with PSA s idea of cooperation and dialogue, very few enforcement notices were followed by stricter enforcement measures. In Norway in 2009, a total... 

An appeal is possible from an industrial tribunal decision, but only on a matter of law. In respect of enforcement notices it is to the High Court in England and to the Court of Session in Scotland. In respect of other matters it is to the Employment Appeal Tribunal except in N. Ireland. 

Enforcement of health and safety legislation. Prosecutions of bodies corporate and individuals enforcement authorities and enforcement offices - duties and powers rights of accused persons effects of HSWA Sections 17 and 40 on prosecution procedures. Enforcement notices under HSWA under other health and safety legislation. 

Table 5.2. Enforcement notices issued and prosecutions made by the Railway Inspectorate, 1980-1992...

The Magistrates Court has limited powers with a maximum fine of 5000 (for employees) to 20000 for employers or for those who ignore prohibition notices. Magistrates are also able to imprison for up to six months for breaches of enforcement notices. The vast majority of health and safety criminal cases are dealt with in the Magistrates Court. 

The Crown Court hears the more serious cases, which are passed to them from the Magistrates Court -normally because the sentences available to the magistrates are felt to be too lenient. Cases are heard by a judge and jury, although some cases are heard by a judge alone. The penalties available to the Crown Court are an unlimited fine and up to two years imprisonment for breaches of enforcement notices. The Crown Court also hears appeals from the Magistrates Court. 

For failure to comply with an enforcement notice or a court order, anybody may be imprisoned for up to six months. 

Table 1.7 Number of enforcement notices issued by HSE over a three-year period...

Additional training may well be needed following a single or series of accidents or near misses, the introduction of new legislation, the issuing of an enforcement notice or as a result of a risk assessment or safety audit. 

Fire Authorities officers appointed under the RRFSO have similar powers to those under the HSW Act. These include the power to enter premises, make enquiries, require information, require facilities and assistance, take samples, require an article or substance to be dismantled or subjected to a process or test and the power to issue enforcement notices. 

Enforcement notices - where there is a failure to comply with the requirements of the Order. The notice must... 

HSW Act s.33(2A) failure to comply with enforcement notice or court order Max. 20 000 and/or up to six months imprisonment Fine (unlimited) and/or up to two years imprisonment... 

An Enforcement Notice may include directions on the measures needed to remedy the failures. Choices of remedial action must be left open. 

Before issuing an Enforcement Notice the enforcing authority must consult the relevant enforcing authorities including those under HSW Act and the Building Regulations. 

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