Health and Safety Enforcement Policy

The Council will set standards for the qualifications, experience and competence of its officers.

In the context of the Health and Safety at Work etc Act 1974, an authorised officer’s powers include the inspection of premises, the examination, sampling and seizure of substances, articles and equipment, the service of notices and taking emergency action. Appointed inspectors will be authorised in accordance with Section 18 guidance issued by the HSE.

The Buckinghamshire Council Constitution, reviewed on 1 April 2020, delegates to the Corporate and Service Directors all executive and non-executive powers and duties relevant to their areas of responsibility. The Service Director has delegated their powers to the Head of Environmental Health and Trading Standards.

Inspection of premises will only be undertaken by officers who are suitably qualified, experienced and competent in accordance with the requirements of Section 18 Guidance. This will equally apply to those employed on a contract basis.

Newly appointed officers or currently employed officers who are extending their duties will not be authorised unless they possess the appropriate competencies, skills, qualifications and experience to undertake their duties and that they have undergone a period of structured training in accordance with Section 18 Guidance. The assessment of competency etc. will be undertaken by their Team Leader in consultation with the Environmental Health Manager (Commercial).

Service of Improvement Notices will only be undertaken by qualified officers with experience in health and safety law enforcement, and after consultation with their Team Leader or Environmental Health Manager (Commercial).

The service of notices by hand will be by any person who is capable of explaining the meaning and legal status of the notice. Notices served by other methods will be in accordance with current legal guidance.

Officers will be authorised to serve Prohibition Notices in accordance with the standards within the Policy. Whenever possible, he/she will be accompanied by another authorised officer to corroborate the proceedings and will consult with their Team Leader or Environmental Health Manager (Commercial). If this is not possible, then the Team Leader or Environmental Health Manager is to be notified as soon as possible after service.

Officers will be authorised to inspect, detain and seize articles and equipment subject to experience and competence.

All officers will be assessed for the necessary practical skills, experience and competency by the relevant Team Leader.

The Environmental Health Manager (Commercial) and Team Leaders have been given specific responsibility for health and safety enforcement matters and managing the health and safety service. This will be in accordance with a documented inspection monitoring procedure.

Officers will carry out inspections and exercise their powers in accordance with the Health and Safety at Work etc. Act, associated Regulations and accompanying Codes of Practice and within the restrictions of their authorisation.

The Team Leaders (or in their absence, the Environmental Health Manager (Commercial)) will be responsible for the supervision and training of officers and for the maintenance of auditable records. A training and development plan will be used to establish current qualifications and competencies and to identify future training needs in order that officers can effectively carry out their duties.

Recommendations will be made by the Environmental Health Manager (Commercial), to the Head of Environmental Health & Trading Standards in respect of the powers to be given to officers and the category of premises to be inspected.

A list of the officers, their powers and the nature of premises which the officer may inspect, will be maintained and regularly updated together with records of training.

Under Section 20(2) (c)(i) of the Health and Safety at Work etc. Act 1974 an authorised officer may take another person with them on the inspection e.g. a person with an expert knowledge of the type of activity being inspected. Authorisation of such persons is necessary to ensure the right of entry to the premises concerned. Where it is necessary to be accompanied by another person, an officer will ensure they are duly authorised in writing and empowered under Section 19 to perform such activities as are necessary under Section 20 of the Act. Such authorisation is given under the authority of the Head of Environmental Health & Trading Standards.

The authority will have regard to Approved Codes of Practice and guidance issued by the Health and Safety Executive, other advice issued by the Government and advice issued by Health and Safety Executive/Local Authority Enforcement Liaison Committee.

The Authority acknowledges the need to act in a consistent and uniform manner and advocates a common-sense approach to the selection of enforcement action and activities.

The following areas are all considered important in achieving uniformity. These are detailed in an inspection monitoring procedure:

i) the awareness, adherence to and review of the health and safety policy document and further development of office procedures;

ii) training, qualifications, supervision of staff. Regular practical training and update sessions will be essential to ensure uniformity;

iii) cross monitoring visits of staff and monitoring of letters, inspection records and notices by senior officers;

iv) use of the Primary Authority Partnership Scheme, specified in HELA Guidance and by the Office of Product Safety and Standards;

v) liaison with local health and safety groups/adjoining authorities. Use of joint training initiatives. Co-operation and joint working on uniformity issues;

vi) compliance with relevant Codes of Practice and guidance from LAU;

vii) Consistent application of the Enforcement Management Model (EMM) when making enforcement decisions.

The authority is committed to ensuring that businesses are aware of their legal obligations and to supporting businesses in achieving best practice by providing information and guidance to assist businesses. In particular, it is recognised that small businesses do not have access to specialist health and safety knowledge or information and so initiatives will be developed to target information for these businesses within the county. The authority will be committed to helping small businesses.

Where opportunities arise to provide advice and guidance to businesses over and above that required to ensure legal compliance, then a charge may be made.

i) The Council’s website will be, along with relevant signposting to government websites, the primary source of information to assist businesses with interpretation of legislation or good practice. The Council also provides services for ethnic minority groups through 'Language Line', translation services. Where the Council does not provide the service itself, information will be given to businesses about other providers.

ii) A chargeable advice service may be available to new and existing businesses to support them in achieving high standards of safety and compliance.

iii) Businesses will be supported and encouraged to participate in the Primary Authority partnership scheme where applicable.

iv) Where there is sufficient demand and resources allow, occasional talks will be given to businesses. Charges to cover costs may be made.

The Council’s website will provide relevant signposting to government websites on safety issues. The authority will participate in national health and safety activities and local events. Talks to voluntary organisations and groups may be given free of charge where resources permit.

Inspecting officers will at all times act and dress in a professional manner. Protective clothing and any other necessary personal protective equipment (PPE) will be worn that is appropriate to the premises being inspected and equipment will be maintained and calibrated where appropriate.

Officers will not act in such a way as to pose a risk to safety or health either to themselves, employers and employees and members of the public.

Where the legislation permits, the authority will share information via agreed secure mechanisms with other regulatory agencies, internal departments and local authorities about businesses to help target resources and activities and to minimise duplication in relation to, for example, concerns of fraud, immigration and staff welfare, illicit products and trading and food crime.

The authority will share information about businesses with the primary authority as appropriate and with other authorities when acting as a Primary Authority. Where third parties request copies of inspection reports, these will be provided in a redacted format in line with requests for information under the Freedom of Information Act.

Officers will co-operate with any requests for assistance and/or information from the Health and Safety Executive or other enforcement bodies or local authorities. Information on businesses trading within the Buckinghamshire Council area will be shared with enforcement agencies and internal departments.

Data is held on our respective legacy data management systems. The databases are under review and will be combined into a single database over the coming years.