Inspections and enforcement

• who inspects commercial businesses?
• what happens during an inspection?
• what powers do inspectors have?
• what am I entitled to expect from the inspectors?
• may I refuse entry?
• what should I do if I receive an Improvement Notice?
• who governs what the officers do?
• what can I do if I think the outcome is not fair?

Who inspects commercial businesses?

Either an Environmental Health Officer or an authorised Technical Officer employed by the Council will inspect commercial businesses in the Royal Borough of Kensington and Chelsea (always ask to see some form of official identification – if in doubt telephone 020 7361 3002).

Safety inspections are normally carried with or without prior notice, and the inspection time varies considerably – it depends on the size, nature and extent of the operations.

What happens during an inspection?

The officer(s) will:

• talk to staff about your procedures and practices (where these exist)
• inspect all parts of your premises and equipment
• talk to you about staff training, controlling hazards and risks, dealing with accidents
• the inspecting officer(s) may also request relevant documentation including risk assessment, safety policy, maintenance records, accident book, staff training records and so on
• inspectors may also take samples and photos as part of a routine inspection

What powers do inspectors have?

Inspectors have the power to:

• take samples and photographs, and inspect records
• write informally asking the proprietor to put right any problems they find – where breaches of the law are identified, which must be put right, they may serve an Improvement Notice
• detain or seize equipment
• in serious cases they may decide to recommend a prosecution (if the prosecution is successful, the Court may impose prohibitions on processes and the use of premises and equipment, impose fines and possibly imprisonment for serious offences)
• if there is an imminent risk to the public or employees, inspectors can serve a  Prohibition Notice that forbids the use of part or all of a premises or equipment

What am I entitled to expect from the inspectors?

You can expect our inspectors to:

• have a courteous manner
• show identification
• give feedback from any inspection, such as information about hazards, which have been identified and guidance on how they should be avoided
• clearly distinguish between what you must do to comply with the law and what is recommended because it is good practice
• give you the reasons in writing for any action you are asked to take
• show where there is an apparent breach of law, a statement of what that law is
• give you reasonable time to meet statutory health requirements, except where there is an immediate risk to public health
• outline procedures for appealing against local authority action

May I refuse entry?

No; it is a criminal offence to obstruct an authorised officer in the course of his or her duty.

What should I do if I receive an Improvement Notice?

You should take immediate steps to ensure that you comply with it within the specified time period - if you do not comply then you may be prosecuted.

If you cannot comply within the time period contact the Environmental Health Department immediately.

You must also let the inspector know of the progress that you are making to comply with the notice.

Who governs what the officers do?

The officers must comply with and/or adhere to:

• the Health and Safety at Work etc Act 1974 and all associated regulations
• guidance issued by the Health and Safety Executive
• the Enforcement Concordat

Officers cannot make up the rules and regulations as they go along.

Collection of credible evidence is pivotal in any case that may lead to prosecution.

What can I do if I think the outcome is not fair?

If you do not agree with the action taken by the inspector, you should first contact the Health and Safety Team Manager. You can do this by calling 020 7361 3002. In the first instance the problem will try to be resolved informally. If you are still not happy then you can ask for your complaint to be referred to Head of Environmental Health and Trading Standards where a further investigation will be undertaken.  If you are still not happy then your complaint will be escalated further and possibly could be referred to the Ombudsman for a detailed investigation to be undertaken.

You could approach your local councillor - see the Find your councillor page.

If you think your local authority is applying the law in a different way from other authorities you can seek advice through your trade association.

You have the right of appeal to a Magistrates’ Court against an Improvement Notice or refusal by a local authority to lift a Prohibition Order made earlier by the Court.