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The main enforcement body is the Health and Safety Executive, a
government organisation which ensures that companies look after
the health and safety of staff, customers and neighbours.
HSE inspectors are responsible for the more hazardous sites like
factories, chemical plants, quarries etc.
Other premises like shops, offices, hotels and restaurants etc.
are covered by Environmental Health Officers employed by your Local
Authority. They will normally offer advice, but are empowered to
issue Improvement Notices (to ensure work is carried out) or even
Prohibition Notices which require you to stop doing something until
it is put right.
In extreme cases they can take you to Court for failing to comply
with the law, and for the main legislation featured in this booklet
that can mean anything up to an unlimited fine and/or two years
imprisonment.
Other relevant organisations which have the power to enforce the
law include The Department of Health and The Ministry of Agriculture,
Food and Fisheries (MAFF) and the Food Standards Agency.
There are three key phrases for compliance used by authorised officers
when examining your premises and working methods:
In terms of health and safety:
'All Reasonable Practicable Steps'
the obligation on you to do the best you can with what is currently
available on the market, for example in equipment, technology etc.
'Best Practicable Means'
the recognition that there is a balance to be struck of cost against
risk. In other words: does it make sense to enforce expensive improvement
works which will have very little practical benefit?
In terms of food safety:
'Due Diligence'
an extremely important obligation on any organisation to take all
reasonable steps to maintain high standards of hygiene to protect
people's health. |