Are HSE investigations public?

Are HSE investigations public?

HSE only disclose information where it is in the public interest, and where it is fair and lawful to do so. All requests for information are considered on a case by case basis under one of the following; Freedom of Information Act 2000 (FOIA)

What are the 4 possible actions that the HSE could take?

Our range of enforcement options include:

  • providing information and advice face-to-face or in writing.
  • serving notices on dutyholders.
  • withdrawing approvals.
  • varying licences, conditions or exemptions.
  • issuing simple cautions.
  • prosecution.

What enforcement action can HSE inspectors take?

Where there is a significant risk to the health and safety of employees, workers or members of the public, or there is a substantial health and safety breach, HSE Inspectors also have the power to issue Enforcement Notices to prevent or stop any unsafe working practices.

Can the HSE prosecute?

The role of HSE HSE (or another relevant enforcing authority, for example a local authority) will investigate and, where appropriate, prosecute breaches of health and safety law.

How long do HSE investigations take?

Timescales for selection decisions The decision whether to investigate should be made within 5 working days from when the Band 2 receives notification, or as soon as the information essential to making a decision becomes available.

How much can the HSE fine you?

For offences committed on and after the 12th March 2015 the maximum penalty in the magistrates’ court is an unlimited fine2 or imprisonment for a term not exceeding 6 months or both. In the Crown Court, the maximum penalty is an unlimited fine or imprisonment not exceeding two years or both.

What can a HSE inspector issue?

The HSE inspector also has the power to dismantle and remove equipment, which may prevent work from continuing. They can also issue prohibition notices, legally stopping work from continuing. Please see Health and Safety at Work etc.

What powers do legal enforcers of safety have?

investigate (when accidents have happened or a complaint is made) whether people are at risk, to find out if something has gone wrong. require you to take action to control risks properly if you are not already complying with the law.

What penalties can the HSE impose?

How long does a HSE investigation take?

How does the HSE decide to prosecute?

In accordance with the EPS, HSE should prosecute individuals if it is considered that a prosecution is warranted. Approval Officers will therefore need to be informed of any evidence of breaches by, for example, directors, managers or employees.

What are the stages in incident investigation?

The 4 Stages of an Incident Investigation

  • Preserve and Document the Incident Scene. An incident investigator’s first priority should be to ensure that the incident site is safe and secure.
  • Collecting Information. a Interviewing witnesses.
  • Determine Root Causes.
  • Implement Corrective Actions.

What happens if you break health and safety law?

If their actions break health and safety regulations, they could face disciplinary action, ranging from a verbal or written warning through to dismissal from employment. In severe cases investigating authorities may recommend that the individual receive a fine, a term of imprisonment or even both.

What are the consequences of not following health and safety at Work Act?

Failure to comply with these requirements can have serious consequences – for both organisations and individuals. Sanctions include fines, imprisonment and disqualification.

Can HSE inspectors take anything from site?

As part of their inspection, the HSE inspector has the power to take samples of any articles or substances found in any premises.

What happens if a company breach health and safety Act?

Breaching health and safety regulations is a criminal offence. Companies have a common law duty to ensure the working environment is safe for employees. By not doing so, you can face consequences, including fines or prison sentences.

Can the HSE fine an individual?

The Courts will usually fine an offender, although there is often no limit on the amount of fine that can be awarded, and in certain circumstances a Court may sentence an individual to up to 2 years in prison (as well as, or instead of, a fine).

What gets reported HSE?

What must be reported?

  • Deaths and injuries caused by workplace accidents.
  • Occupational diseases.
  • Carcinogens mutagens and biological agents.
  • Specified injuries to workers.
  • Dangerous occurrences.
  • Gas incidents.

What are the 5 steps of investigation process?

Here are the five steps.

  1. Define a Question to Investigate. As scientists conduct their research, they make observations and collect data.
  2. Make Predictions. Based on their research and observations, scientists will often come up with a hypothesis.
  3. Gather Data.
  4. Analyze the Data.
  5. Draw Conclusions.

Can the HSE turn up unannounced?

We may have arrived without warning. This isn’t unusual. We don’t always tell people we’re coming and the law lets us visit at any reasonable time. Although we have the powers to come into your workplace, our inspectors still have to follow the government’s code of practice on entering homes or businesses.

Can you be fired for not following health and safety?

Serious breaches of health and safety will often entitle an employer to fairly dismiss an employee.

What two notices can a HSE inspector issue?

There are two types of enforcement notices issued by the HSE:

  • Improvement Notices.
  • Prohibition Notices.

How much can the HSE fine a company?

The consequences of being found guilty of health and safety errors can include imprisonment in the most serious cases, as well as disqualification as a company director for up to 15 years. HSE fines of up to £20,000 are common, and in cases of serious negligence they can be unlimited.