HSE Enforcement
The Health and Safety Executive for Northern Ireland has a range of powers to enforce health and safety legislation. It has a duty to make adequate arrangements to enforce health and safety legislation.
Regulations may prescribe specific authorities responsible for enforcement of particular statutory provisions. Statutory provisions under the umbrella of the Health and Safety Executive run wider than employment based, workplace based activities. Regulations may provide for transfer to or from the Executive to other specified authorities of enforcement powers.
The Executive or other enforcement authorities may appoint Inspectors with suitable qualifications for the purpose of carrying out and force their obligations. The appointment is in writing and confers statutory powers which are to be exercised relative to the will or competence of the appointing body.
An Inspector may for the purpose of carrying into effect health and safety legislation, within the field of his appointing authority, exercise powers of investigation. He may enter premises which he has reasonably believed to be necessary to enter for purpose of his duty. He may take with him a constable if he has reasonable cause to apprehend serious obstruction in the execution of his duty.
He may examine and investigate any circumstances as appropriate. He may take measures and photographs, and make recordings as necessary. He may take samples of articles and substances found in the premises or in its vicinity.
Where an article or substances found on premises that appears to have caused or be likely to cause a danger to health and safety, he may cause it to be dismantled and tested. He may take possession of articles and substances and detain as long as is necessary for the purpose of his functions and to secure that it is available in evidence in proceedings, if required.
He may require persons whom he has reasonable cause to believe, may give information relative to the examination or inspection, to assist and to answer questions as the Inspector thinks fit. He may require production of books, documents and records relevant under the statutory powers or necessary for the purpose of examination, inspection, etc.
Regulations may be made as to the procedure to be followed in connection with taking samples. Procedures apply to the dismantling, testing etc. above.
Where an Inspector takes possession of articles or substances found on premises, he shall leave in a conspicuous position, a notice giving particulars of the article or substance sufficient to identify it and stating that the possession has been taken under the power.
Before making possession he shall, if practicable, take a sample there of and give the same to a responsible person at the premises, marked in a manner to identify it. No answer to a person in pursuance of requirements imposed is required is admissible as evidence against that person or against his spouse. Nothing is to compel production of a document which would be subject to legal, professional privilege, in an action in the High Court.
If an inspector is of the opinion that there is a contravention of statutory provisions, which is likely to continue or be repeated, he may serve an improvement notice. This states his opinions as above and specifies reasons. It requires the person to remedy the contravention or the matters occasioning it within a prescribed period.
The Inspectors may serve a prohibition notice, where he is of the opinion that activities as carried on or likely to be carried on under the control of a person in question, will involve a risk of serious personal injury. The Inspector may serve a notice so stating his opinion, specifying the matters which give rise to the risk, specifying the provisions he believes are breached and directing activities which the notice relates and ought to be carried on the conditions and subject to a remediation of the matters mentioned. A direction may take effect immediately or at the end of a period.
Improvements and prohibition notices may include directions as to measures to be taken to remedy contravention. They may be framed by reference to codes of practice. They may allow a person to have choice between different methods of remedying the contravention or matter.
Where an improvement notice is served in relation to a building, measures which are more onerous than those required to secure building regulations compliance for the time being, for newly erected buildings are not to be required unless the legislation in question imposes specific requirements more onerous than the same. Before Inspector serves a notice requiring or likely to require measures affecting means of escape in a fire, he shall consult with the Northern Ireland Fire and Rescue Services Board.
A person may appeal against a prohibition or improvement notice to an Industrial Tribunal. The Tribunal may cancel, affirm or vary the notice. In the case of an improvement notice, an appeal, suspends the operation of the notice. In the case of a prohibition notice, it only does so, if the Tribunal specifically directs. On application, Inspectors may be appointed for the purpose of proceedings before the Industrial Tribunal.
Where in case of any article or substance found on the premises, the Inspector has reasonable cause to believe, in the circumstance that they are of imminent danger of serious personal injury; he may seize them and render them harmless by destruction or otherwise.
Before rendering it harmless, the Inspector shall if practical, take a sample of the substance and give it to a responsible person at the premises and mark it in a manner sufficient to identify it.
The Inspector is to prepare a report giving particulars of the circumstances of seizure and disposal. A copy is to be given to the responsible person in the premises.
A customs officer may for the purpose of facilitating the exercise or performance of enforcement by the enforcing authority or Inspector, seize any imported article or substance and detain it for not more than two days. Anything seized and detained are dealt with in accordance with the manner the missions of customs and excise direct.
For the purpose of obtaining information for the discharge of their functions, the Executive or the Department may serve notices requiring them to furnish information about matters specified in the notice. The Commissioners of Revenue, HMRC may authorise disclosure of evidence obtained in relation to import to an enforcing authority and in this respect there are certain protections on the disclosure and transmission of information acquired in this context. Generally, the information is only be used for the purpose of enforcement of the legislation.