Flint Bishop

Midlands based law firm advise on keeping ahead of health and safety inspections

Pictured above: James Lowe

 

Don't get into a panic if a health and safety inspector comes calling, an expert has warned.

But try and get in ahead if you've got a problem, James Lowe, an associate in DLA Piper's litigation and regulatory team in Birmingham, has urged.

Whatever else you do, do not seek to obstruct an investigation.

The penalties for breaking health and safety laws have been dramatically increased in recent years, with big fines and even imprisonment on the cards.

Mr Lowe pointed out that inspectors had wide-ranging powers including requiring people to answer questions, to direct that premises be left undisturbed for as long as reasonably necessary, to take possession of relevant articles or documents, to require employers to provide the facilities and assistance needed to carry out their work, and to issue an improvement or prohibition notice.

Nevertheless bosses should not be afraid to ask questions.

He said: "It is crucial that you retain a written record of what information or items are taken by the inspectors.

"If possible provide the inspector with copies and retain originals.

"Make a written note of any meetings or important discussions involving the inspector.

"If the inspector proposes to take witness statements from employees, seek to ensure that those being interviewed have a representative of the company in attendance

"If requests for information, documents or other items are made, ask for a reasonable amount of time to comply. For example, it may take the business several working days to collate the information requested.

"That gives you an opportunity to seek legal advice if necessary.

"Begin your own investigation. Do not wait around to be prosecuted. As you know the workings of your business far better than any inspector you will determine what happened and why far more quickly than the police, the Health and Safety Executive or other regulatory body."

He added: "Most of all, try to develop a good rapport with the inspector. The more reasonable you appear the more likely the inspector is going to be reasonable with you."

 

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Article published by Midlands Business News on 1 July, 2010

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