HomeHealth and safety inspections
This information is only for business owners.Health and safety law requires workplaces with more than five members of staff to have a written health and safety policy.
Employers should also carry out risk assessments to assess any potential hazards.
Who carries out inspections?
Depending on your type of business, our inspectors may visit your workplace without prior notice. Some premises may be inspected by staff from the Health and Safety Executive Northern Ireland (HSENI).| Type of business | Responsible authority |
|---|---|
| Service sector | Council |
| Retail outlets | Council |
| Wholesale outlets | Council |
| Offices | Council |
| Restaurants | Council |
| Hotels | Council |
| Residential homes | Council |
| Places of entertainment | Council |
| Recreation facilities | Council |
| Manufacturing | HSENI |
| Construction | HSENI |
| Government property | HSENI |
| Mines | HSENI |
| Quarries | HSENI |
| Chemical plants | HSENI |
| Agriculture | HSENI |
| Schools | HSENI |
| Universities | HSENI |
| Transport | HSENI |
| Hospitals | HSENI |
| Nursing homes | HSENI |
What does an inspection involve?
Our inspectors will examine your workplace and work activities, look at how health and safety is managed and talk to your staff and their representatives.They may also check that you have procedures in place to consult and inform your staff about health and safety issues.
Afterwards, they will discuss any concerns with you, explain what you should do to meet health and safety law and inform you about any action that needs to be taken. Copies of their findings may also be given out to representatives of your staff.
It is usual for our inspectors to take enforcement action if they find serious health and safety risks.
What kind of action can inspectors take?
When we take enforcement action, we try to be fair and treat all businesses in a similar way. This means explaining why we have taken action and giving you the chance to have your say.- Download our Health and Safety Enforcement Policy (Word - 671KB)
- Informal - if a breach is relatively minor, we may explain what you can do to comply with the law. We will put this in writing if asked to. We will also try to identify what is a legal requirement and what is best practice.
- Improvement notice - when a breach is more serious, we may issue you with an improvement notice and will, if possible, talk to you about the notice and what it means before it is served.
The notice explains what you need to do, why you need to do it and when you must do it by.
The time given for work to be carried out will always be more than 21 days, as you have a right of appeal to an industrial tribunal. An extension can also be given in reasonable circumstances.
However, we can prosecute you if the work listed on your notice isn't finished by the date we have requested. - Prohibition notice - when an activity involves, or may involve, a risk of serious personal injury, we may serve you with a prohibition notice to stop it taking place until you take action to prevent people being harmed.
This notice can take effect immediately or may, in certain circumstances, require that the activity stops within a number of days. If possible, we will discuss the notice with you.
It will explain why the recommended action is necessary and give details about how to appeal to an industrial tribunal. - Prosecution - in some cases, it may be necessary to take a prosecution to court.
Laws regarding health and safety at work allow for large fines and even imprisonment if they are not followed correctly.
For example, failure to comply with an improvement or prohibition notice, or a court order taken in a magistrates’ court, can result in a fine of up to £20,000, or six months' imprisonment, or both.
Cases taken to the crown court can lead to unlimited fines and a prison sentence.
How can I appeal a decision?
If you are given an improvement or prohibition notice, it will include details of how you can appeal to an industrial tribunal, as well as a copy of the appeal form.You will also be informed that your improvement notice is suspended until the appeal hearing. Please note however that a prohibition notice usually continues until the date of the tribunal.
What happens if I have a complaint?
If you have a complaint about our inspection procedures, call us on 028 9027 0428 or write to us at:Health and Safety Unit Manager
Cecil Ward Building
4-10 Linenhall Street
Belfast
BT2 8BP
We will investigate your complaint and tell you what we are going to do about it. Most complaints are settled this way, often immediately.
If you are still not satisfied, you can then use our corporate complaints procedure.
