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. These set 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
We keep a public register of prosecutions 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. See Section 20 of the Health and Safety at Work etc Act 1974.
Public Register of Enforcement Notices - Health and Safety at Work, etc. Act 1974
The council holds a public register of improvement and prohibition notices served under the Health and Safety at Work, etc. Act 1974 which affect people other than those at work.
Details of notices served since 1 April 2024 are available online. Entries on the register prior to this date are available on request via email.
The public register also holds information of prohibition notices served under the Safety of Sports Grounds Act 1975.
Notices will appear on this register for a period of five years.
Information on notices will not be published where the issue of the notice can still be appealed, is under appeal, or the notice has been cancelled. To account for the appeals process, enforcement notices are published five weeks after they are served.
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.
Joint Black Country Regulators Operating Framework
The Joint Black Country Regulators Operating Framework has been developed to ensure that enforcement action follows 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 try to resolve the matter with the inspector or their manager.
Contact us
Telephone 0300 555 2345
Environmental Health and Safety
Council House
Priory Road
Dudley
DY1 1HF
Office Hours: Monday to Friday, 8.45am to 5pm
Offices are closed weekends and Bank Holidays
