IMPROVEMENT NOTICES - 31.01.2005

Don’t ignore Improvement Notices

Taking notice

Normally, a visit to your premises by the enforcement authorities will pass without incident. If any minor improvements are necessary, this is dealt with informally. However, if your standards are unacceptable, e.g. you’ve failed to carry out risk assessments, you may be issued with an Improvement Notice. As it doesn’t refer to anything really urgent, you may be tempted to leave it in your in-tray until a quieter period. However, this practice could be risky as a recent case shows. What can you learn from it?

A nasty accident

The realities of ignoring Improvement Notices was looked at in a recent prosecution against Pasuda Group Holdings Ltd. In November 2003, the Health & Safety Executive (HSE) had visited its premises following an accident involving one of its employees. He’d been using a flammable substance to wash out spray-painting guns and was badly burned after accidentally coming into contact with it. The HSE’s investigation found that Pasuda’s (P) safe systems of work for handling and storing dangerous substances were inadequate. It also found that staff using this gun wash were inadequately trained and supervised. As a result, the inspector issued an Improvement Notice with a deadline for action.

Too little, too late

On May 6, 2004, the inspector returned to P’s site and found that the unsafe working practices hadn’t been rectified. This was despite the fact that the time-frame for compliance with the Notice had expired. As a result, it was prosecuted under s.33(I)(g) of the Health and Safety at Work Act 1974. This was for failure to comply with the terms of an Improvement Notice. In its defence, P argued that; (1) it hadn’t been prosecuted for the accident, and; (2) its external safety consultants had confirmed that it had complied fully with the Notice. P’s general manager also stated that once it knew that compliance was an issue, it had made improvements which exceeded what was required. This cut no ice with the court and P was fined £14,000 plus £3,415 costs.

Dealing with Notices

It’s important to note that if a Notice has been issued against your business, it will be followed up. Also be aware that both the HSE and local authorities are increasingly willing to prosecute companies for non-compliance. So if you ever find yourself on the receiving end of one, do act promptly. To do otherwise puts you at risk of a large fine and a prominent position on the inspector’s hit list of premises to visit.

Tip 1. Previous case law has established that an inspector should carry out a risk assessment before issuing an Improvement Notice. So don’t be afraid to ask for justification of both it and its contents. Discuss what needs to be done and try and negotiate a more realistic deadline, especially if improvements will require more than minor expenditure.

Tip 2. As a general point, if you use health and safety consultants, always check to see that they’ve done what you’ve employed them to do. This case shows that you can’t just take their word for it. A meeting to run through any outstanding issues should be sufficient.