Where an inspector believes that there is a contravention of health and safety legislation, there is the power to serve a notice that requires the fault to be put right. Typically, this is used as a way to ensure that physical defects are put right, but on occasions there might be a requirement to undertake measures such as to carry out a risk assessment. Failing to comply will generally lead to a prosecution and the fines can be severe.
Because there is no court hearing, this method of enforcement is sometimes seen as more cost-effective than taking a prosecution. Providing that the notice is correct in all respects, this can be true.
Occasionally, notices are served which go much further than the law requires, impose unreasonable requirements or unrealistic deadlines. In those situations, it is possible to appeal. Details of the appeal process are contained with the notice when it is served, but the process can sometimes be less than straightforward.
If you need advice on whether a notice is legitimate or wish to appeal then we can assist. For more information, contact us and speak to one of our safety solicitors.
