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As
discussed elsewhere, crown bodies are obliged to comply
with health and safety law, but inspectors can not
impose enforcement notices (or indeed prosecute).
To read about this, click
here
The
HSE have developed what are known as "Crown Enforcement
Notices" - mimicking both improvement and prohibition
notices that are imposed upon non-crown bodies. These
notices have no legal effect - they are not legally
binding and the Crown cannot be prosecuted for a breach
of these notices.
They
can only be imposed upon 'the Crown' and not individuals.
HSE
inspectors are told in the Enforcement Guide that
"they should follow the same procedures for issuing
crown notices as for issuing other notices, i.e. use
the same criteria".
The
Guide also says that if an inspector intends to issue
a Crown Improvement notice, "they should attempt
to discuss the notice and if possible resolve the
matter before serving it" and if a prohibition
notice should "include an explanation of why
action is necessary." This particular requirements
are not present in relation to dealing with non-crown
bodies.
HSE's
Enforcement Guide also states that:
Crown
employers can request an extension of time, if required.
They can also request the withdrawal of a Crown
improvement notice, in which case you should operate
the same procedures that apply for a comparable
non-Crown notice.
The
time limit in a Crown improvement notice should
not be less than 21 days, in order to keep the procedures
as similar to other notices as possible. Time allowed
to undertake remedial work should be no more generous
than for a private employer and the same sense of
urgency should be reflected in your notices.
There
is no process by which the Crown can appeal against
a Crown notices to an Employment Tribunal. If the
Crown body considers that it has grounds to challenge
the Crown notice in question it may appeal to your
line manager and, finally, to the Director General.
To
read about the relevant part of the Enforcement Guide,
click
here
The
application of health and safety law to Crown Bodies
is also set out in a note issued by the Cabinet office
in June 2001. In relation to enforcement notices this
states:
| Para.
9 |
Formal
action against Crown bodies by HSE inspectors
may include issuing Crown improvement and prohibition
notices. Although such notices are non-statutory,
the procedures involved are very similar to those
for statutory notices. |
| Para.
13 |
The
instructions to HSE inspectors require them to
give the same priority to a health and safety
problem found in a Crown body as they would to
one found in a private sector organisation. Allowances
of time to do remedial work in a Crown body will
be no more generous than they would be for a private
employer and the same sense of urgency will be
expected in making improvements which are required. |
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