|
Improvement
notices are concerned with requiring a duty holder
to make certain specified changes to the workplace
within a specified period of time.
Section
21 of the Health and Safety at Work Act states that:
| "If
an inspector is of the opinion that a person |
| (a) |
is
contravening one or more of the relevant statutory
provisions; or |
| (b) |
has
contravened one or more of those provisions in
circumstances that make it likely that the contravention
will continue or be repeated, |
| he
may serve on him a notice (in this Part referred
to as "an improvement notice") stating
that he is of that opinion, specifying the provision
or provisions as to which he is of that opinion,
giving particulars of the reasons why he is of
that opinion, and requiring that person to remedy
the contravention or, as the case may be, the
matters occasioning it within such period (ending
not earlier than the period within which an appeal
against the notice can be brought under section
24) as may be specified in the notice. " |
HSE's Enforcement Guide states that:
"An
improvement notice should be used in situations
which can be remedied within the period specified.
They cannot be used to require an obligation which
has no attainable end, e.g. a notice might require
the provision of a guard but cannot require that
it be maintained in good condition. A notice can
properly require that, by a given date, there should
be in place a system for maintenance, as this is
a requirement to remedy the matters that led to
the breach.
When
notices concerning "systems" are served
there should, as with the serving of all notices
whenever possible, be a discussion with the duty
holder as to steps to be taken to comply and an
effort to resolve points of difference."
It
should be noted that the circumstances that require
an improvement notice to be imposed, are the same
ones that could result in a prosecution. It is therefore
important that an inspector determines whether or
not an improvement not
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