Enforcement prohibition notice

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... 

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... 

Although in comparison with improvement notices the number of prohibition notices issued under COSHH was relatively small, they increased in overall number during the 1990s and also therefore in proportion to improvement notices. The explanation for this is most likely to be the planned inspection activities of the FOD in particular industry sectors. Here, clear guidance would have been provided to inspectors on control standards and level of enforcement required, thus increasing their confidence to take this more serious enforcement action in circumstances in which it was felt to be warranted. 

The MCA and HSE have similar powers of enforcement including, in panicular, powers to issue improvement and prohibition notices where HSE inspectors or MCA surveyors observe matters of evident concern in areas for which they arc not the lead authority. These should be reported without delay to the appropriate office of the other authority by telephone ... 

Issue a prohibition notice which will require an employer to stop immediately any activity likely to result in serious injury, and which will be enforced until the situation is corrected. 

This hears cases arising from breaches of employment law where an employee complains against a decision of the employer in situations covered by the legislation. It also hears appeals against Improvement and Prohibition Notices issued by an enforcing officer. The tribunal is a civil court because the matters it considers relate to a difference of opinion between the employer and the employee, or the employer and the individual enforcing officer, over the interpretation of the law and not to a breach of the law. 

The economic argument is also relevant here, because of the fines that may be imposed as a result of statutory breaches, and also because of the impact of Improvement and Prohibition Notices in terms of uninsurable consequential loss arising out of enforced cessation of work. 

The 87 Act further extended the power of the Fire Authorities to enable them to enforce statutory obligations by the issue of Improvement and Prohibition Notices and by prosecution. The procedures regarding notices... 

Inspectorates in most Australian jurisdictions are making good use of these options. Take the NSW inspectorate, for example. In 1992-93 it carried out 75 000 workplace inspections, most of which would have involved advice to employers. In the course of these inspections 10 517 notices were issued. Of these, 71 per cent were improvement notices, 22 per cent prohibition notices and 7 per cent, or 825, on-the-spot fines. In the same period there were 310 prosecutions before the courts, the maximum fine before the Industrial Court being 60 000 (Workcover Aimual Report 1993, pp. 15-16). A fine of 100 000 was imposed early in 1994. It is clear that the existence of an enforcement pyramid has given the inspectorate rather more clout than it previously had. 

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 Fire and Rescue, Authority can also issue both Enforcement and Prohibition Notices. The Authority can prosecute for offences against fire safety law. 

The statutory duties are contained in the Environmental Protection Act 1990 (EPA) and several of its subsequent regulations. The Act is enforced by various state agencies (the Environment Agency and Local Authorities) and these agencies have very similar powers to the Health and Safety Executive (e.g. enforcement and prohibition notices and prosecution). There Is a summary of Parts 1 and 2 of the EPA In Chapter 20. 

Prohibition Notices - Article 31 If the enforcing authority is of the opinion that the risks, relating to escape from the premises, are so serious that the use of the premises ought to be... 

Improvement and prohibition notices are additional new enforcement procedures which can produce results without resorting to the courts. 

The enforcing autiiority can issue an Alteration Notice, Enforcement Notice or Prohibition Notice to any premises coming within the scope of fhe Order. 

A Prohibition Notice can be served on the responsible person or other person if the enforcing authority are of the opinion that the use of the premises involves, or will involve, a risk to relevant persons so serious that the use of the premises ought to be prohibited or restricted. The prohibition or restriction will remain in force until the necessary work has been completed and the notice is cancelled by the enforcing authority. 

A person on whom a notice is served can, within 21 days from the day on which the notice is served, appeal to a magistrates court. An appeal against an alteration or enforcement notice has the effect of suspending the notice rmtil the appeal is disposed of or witiidrawn. An appeal against a prohibition notice does not suspend the notice unless the court so directs. 

The EPA empowers inspectors to issue Enforcement and Prohibition Notices, which must specify the remedial steps to be taken. There is an appeal procedure against such notices, which is to the Secretary of State who will appoint an arbiter. Included in this part of the Act is a power to recover the cost of making the authorisations and of enforcement - on the principle of the polluter pays. Fees will be charged for initial applications and for the annual renewal of the authorisations. 

Health and safety and fire safety prohibition notices - this type of notice, whether for health and safety or fire safety, is served when the enforcer is of the opinion that the activity or premises involved is so serious that the activity should be stopped or the use of the premises be prohibited or restricted. Examples of these would be operating a machine with no guard or chaining up a final fire exit door. 

In certain circumstances it may be necessary to invoke enforcement action by serving a notice on the employer or occupier. There are two types of notice—Improvement Notices and Prohibition Notices. An Improvement Notice can be used only where there has been a breach of the Health and Safety at Work Act. The breach has to be remedied within a set period, and at least 3 weeks has to be allowed in order to give time for an appeal, which has to be lodged within that period. There is automatic prosecution at the... 

There are two types of enforcement notices an improvement notice and a prohibition notice . 

The HSWA established the Health and Safety Commission (HSC) and the Health and Safety Executive (HSE). Whilst the HSC defines policy, the HSE is responsible for the day to day monitoring and enforcing of the HSWA. The HSE has delegated powers to serve Improvement Notices (requires remedial action) and Prohibition Notices (stops a process). Failure to comply can lead to prosecution. The HSWA affects product safety as well as workplace safety and is based on the as low as reasonably practicable (ALARP ) principle, where practicable refers to what is possible to do, and reasonable requires a balance of costs, time, and trouble against the risk. 

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