Appendix A: Enforcement
 

 

 
 
ENFORCEMENT
The regulations are enforced by appointed bodies relevant to each area.

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.