Can Health and Safety Shut you Down?

Yes – the Health and Safety Executive (HSE) has the power to shut part, or all, of your business down if you are breaking health and safety law. Your business can be shut down through a prohibition notice issued by a health and safety officer during or after a health and safety inspection. 

What are the different types of formal notice you can be issued? And how can you best avoid being served an official health and safety warning? 

Improvement Notice 

An improvement notice is issued if an inspector believes you are breaking health and safety law. When issued, an improvement notice gives you an opportunity to rectify any failings and continue operating as a business. An improvement notice will specify what you are doing to break the law, what you need to do to correct the issue, why this is necessary and provide you with at least 21 days to comply with the notice. 

If action is not taken, the business duty holder (e.g. director or manager) can be prosecuted and held to account in a court of law. 

Prohibition Notice 

Alternatively, a more serious prohibition notice can be served and this calls for an immediate stop of activity surrounding a serious issue. If the inspector believes your work activities provide a risk of serious personal injury, they can issue you with a prohibition notice which requires you to stop the prohibited activity until you have taken the required action to remedy the situation. 

A prohibition notice will state which law is being broken and what your need to do to control the risk to personal injury and safely operate. A prohibition notice can be served to shut some or all of your business until the issue is rectified, and will stay in place even if the sanction is formally queried. 

How to Avoid Being Served a Health and Safety Notice?  

As a business, you should expect regular, formal visits from your local authority’s health and safety enforcement officers. As part of this visit, health inspectors have the authority to: 

• Carry out examinations and investigations, including taking measurements, photographs and samples
• Take possession of an article and arranging for it to be dismantled or tested
• Seize and make safe any article or substance that could cause serious personal injury
• Request information and take statements from people they think can help an investigation
• Inspect and copy documents

While notice is normally given for routine health inspections, health and safety officers hold the right to enter and inspect your property at any reasonable time. It is wise to always be prepared and stay organised when it comes to maintaining a good record and practice of health and safety. 

Our top tips for being prepared for health and safety visits are: 

1.    Ensure your workplace meets all the necessary health and safety requirements set out by the Government for your industry. 

2.    Maintain good facilities for staff, such as toilets and handwashing provisions. 

3.    Review your health and safety policy regularly and ensure there is an up to date copy available to all staff and readily to hand.

4.    Ensure completed and up to date health and safety workplace risk assessments are regularly undertaken and on record.

5.    Keep detailed records of workplace equipment inspections, safe working methods reviews and staff health and safety training. 

6.    Have a valid copy of your employers’ liability insurance available and easily to hand. 

7.    Ensure key members of staff monitor your health and safety management system to keep on top of maintaining a safe work environment and ensuring you’re ready for inspection at any time. 

For more information on preparing for health and safety visits, or to review the latest health and safety products, speak to our experts today.