Enforcement of the law is split between the Council and the Health and Safety Executive. In general, all non-industrial premises, offices, shops, warehouses and places used for leisure activities and worship are enforced by the Council. The Health and Safety Executive deal with generally higher-risk premises such as factories, industrial sites, railways, transport, construction sites and Council, NHS and Crown premises. The Council and the Health and Safety Executive may also work in partnership for some enforcement matters.
The Council follows an enforcement policy for all enforcement action. We have also signed up to the Government's "Enforcement Concordat" and the Regulators Compliance Code which sets out principles of good practice in regulatory and enforcement activity. Before we undertake any criminal proceedings we carefully consider an number of factors. We may also offer suitable offenders the opportunity to formally admit guilt and accept a formal caution. Our Enforcement Policy and Charter sets out the sort of criteria we use when considering legal action.
A public register of prosecutions is maintained detailing details of prosecutions and formal cautions issued in the last three years. Where serious offences arise or there is a history of non-compliance, consideration will be given to pursuing prosecution/formal caution.
Before we undertake any criminal proceedings in court we have to ensure that the case is in the public interest to prosecute. We may instead offer alleged offenders the opportunity to formally admit their guilt and accept a formal caution.
A health and safety inspector has a wide range of powers. These are found in Section 20 of the Health and Safety at Work etc Act 1974.
Have a look at the following websites:
By law, the Council is required to maintain a public register of notices served which affect people other than those at work. Currently, this register is not available online but it is available to inspect at our office and we are working towards an electronic version similar to that of the Health and Safety Executive's notices website. Please use the contact form if you wish to inspect our register.
If you have been served with an Improvement Notice or a Prohibition Notice under the Health and Safety at Work etc Act 1974, you have a right of appeal against the Notice. For further information on how to appeal please see our Appeals against Improvement and Prohibition Notices web page.
The Enforcement Policy and Charter has been developed in order to ensure that enforcement action is in accordance with all current and relevant legal and professional procedural guidance and is enforced fairly, transparently, consistently and uniformly throughout the Borough of Dudley.