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."