The Health and Safety Executive (HSE) has started carrying out random spot checks and inspections on all types of businesses to check if they are COVID compliant. This will involve Inspectors visiting premises and sites randomly and without warning, to see if suitable steps are being taken to protect staff and other operatives on their site/premises. Ordinarily, HSE Inspectors carry out routine checks throughout the year, but now a concerted effort is being made that site/premises owners/occupiers take reasonable steps based on safety advice and in line with government advice.
Although the HSE is the enforcing authority, more often than not, the Inspectors act as advisors and provide guidance where minor breaches have occurred. Enforcement will only be carried out for serious and repeat offenders. They will offer expert advice on how to identify and manage risks, how to protect staff, customers and visitors. Essentially, they want to know;
- Have you carried out and have a COVID-19 risk assessment?
- Do you have an adequate social distancing policy?
- How do you keep your premises/site clean?
When an Inspector makes a visit, it is your statutory duty to cooperate with them. Their powers include;
- Carrying out inspections and examinations
- Taking measurements and photographs and samples
- Taking possession of items/equipment and arranging for testing and checking
- Seizing and making safe any item or substance that could cause serious injury
- Speaking to staff/customers/visitors and requesting information and taking statements
- Asking for, checking, copying and retaining documents
- Ordering an immediate cessation of a machine or process
- Serving Repair Notices
- Serving Prohibition Notice
Criminal Offence
Willful refusal to cooperate or any obstruction of the investigation is a criminal offence. Where prosecutions are made, these lead to a fine (linked to the turnover of the business) and cost orders. This of course will impact on the reputation of the business, and their insurance premiums. Importantly, directors are being held personally accountable.
It is therefore important that businesses are safety compliant and have the necessary documentation.
Quest can provide you with the advice, and where necessary, the documentation to ensure you remain compliant. This will ensure that you can deal with Inspectors with confidence.
