Every developer needs to understand what HSE Improvement and prohibition notices are

The last thing any developer wants is the HSE getting a report that they are operating a dangerous site

Anyone undertaking development work that is not on their main home is classed as being engaged in commercial activity. Therefore they have to comply with CDM Regs 2015

There are several things needed to run a  safe site

HSE do carry out random “Spot Inspections” but if your site is properly set up and safe you have nothing to worry about

HSE have extensive legal powers

If you don’t  comply with them you can find yourself prosecuted in court. Some of the powers they have are:

  • Enter your premises
  • Examine and investigate
  • Stop work
  • Take samples, measurements and photographs
  • Dismantle and remove articles and substances
  • Take possession of articles and substances
  • Question you
  • Review, take copies of and require the production of, books or documents
  • Caution you
  • Issue enforcement notices
  • Initiate prosecutions

If they find something that they are not happy with there are 2 notices they can issue

Improvement Notice

They will explain what they think is an issue and what you have to do to rectify it. Accordingly they will tell you how long you have to rectify the issue

This may apply just to a specific activity or piece of equipment being used and does not apply to the whole site. The period to comply must be no less then 21 days. You can appeal and the notice is suspended

Prohibition Notice

This is when they think that a certain activity has the potential to cause injury and you must stop it immediately. They may  think there are several activities that are dangerous or the site is not being operated in an overall safe manner. They have the power to close the site down there and then if that’s the case. You can appeal this but work cannot be restarted. The notice can be served on an employee as well as an employer

For more information go to https://www.hse.gov.uk/enforce/enforcementguide/notices/notices-types.htm

If you need any help with making sure your site is set up in a safe manner then please contact us

We offer many services  and Health and safety is an area we are very experienced in

 

 

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