In most cases we try to resolve any issues
informally with an employer.
However, if this is not possible, or there is a risk of serious
personal injury, then we will resort to formal action.
This can involve businesses facing legal notices, prosecution or,
in situations where serious personal injury could arise,
prohibition notices requiring immediate action.
Each case is considered on its own individual merits with regard
to our Health and Safety Policy, sufficient evidence being
available to provide a realistic prospect of conviction and that
any action is in the public interest.
Under normal cirumstances we normally prosecute where one or more
of the following circumstances apply:
- Any death was the result of a breach of the
legislation
- The gravity of the alleged offence taken together with the
seriousness of any actual or potential harm or the general record
and approach of the offender, warrants it
- There has been reckless disregard of health and safety
requirements
- There has been a failure to comply with an improvement or
prohibition notice or a repetition of a breach which was previously
subject to a notice or formal caution
- There have been repeated breaches of legal requirements which
give rise to significant risk or persistent or significant poor
compliance
- Work has been carried out without or in serious non-compliance
with the conditions of a licence
- The standard of managing Health and Safety is found to be far
below that required law giving rise to a significant risk
- False information has been wilfully supplied or there has been
intent to deceive in relation to a matter which gives rise to
significant risk
- Where we have been intentionally obstructed in the lawful
course of our duties
- Where we have been assaulted we will seek police assistance
with a view to prosecution of offenders
If businesses are prosecuted for health and safety breaches, the
details will be made available on the
Health
and Safety Executive (HSE) online prosecutions database.
For more information contact our
Food and Safety
team.
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