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Dudley Council the historic capital of the Black Country
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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. 

What enforcement do we undertake?

We follow 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.

Prosecutions register

A public register of prosecutions is maintained providing 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.

What are the powers of a Health and Safety Inspector?

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.

Health and Safety notices public register

By law, we are 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.

Appeals against improvement and prohibition notices

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.

Joint Black Country Regulators Operating Framework

The Joint Black Country Regulators Operating Framework 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.

Complaints regarding advice given by Council Inspectors

If you are unhappy with the advice or recommendations given by our inspectors then you should first tried to resolve the matter with the inspector or their manager.

If you still feel we have failed to provide you with good service or are concerned about the advice that we have given, please contact us and we will endeavour to resolve any concerns you may have. Please contact us using the details below.

We also have a formal complaints procedure.

If you are still unhappy with the advice provided then you can appeal to the Independent Regulatory Challenge Panel.

The Independent Regulatory Challenge Panel will look into complaints regarding advice given by HSE or LA inspectors about health and safety which you think is incorrect or goes beyond what is required to control the risk adequately.

The panel will consist of independent members who will have the competence and experience to assess advice that has been given on regulatory matters.

What to expect

Your issue will be put before the panel members who will review it thoroughly and inform you of its findings.

The panel will only consider cases from 30 June 2011 onwards and the outcome will be made available on the HSE website.

The panel’s role is advisory. The regulators will respect the independence of the panel and its advice and where appropriate take it on-board.

What if I am still not satisfied? 

If you are still not satisfied with the findings of the Independent Regulatory Panel, you can follow the existing complaints procedures including writing to the Chief Executive of HSE.

You can also write to your MP and, if necessary ask them to contact the Office of the Parliamentary and Health Service Ombudsman to investigate cases relating to HSE.

For Local Authority matters, you can contact your local councillor and if necessary the Local Government Ombudsman

  • For further information or for general enquiries, please contact us using the form below.

    Contact Environmental Health

    Telephone: 0300 555 2345