Health and Safety
CND can provide support and assistance in respect of this complex and increasingly regulated area which effects individuals and businesses of whatever size and involves a consideration of the contractual liabilities and risks at an early stage and in a prompt manner.
HSE inspectors have extensive powers under the Health and Safety Act 1974 and the additional regulatory framework and can become involved in a variety of ways.
Interview and Investigation-it is imperative for companies to gain a clear view of what is required by way of cooperation from the earliest stages and CND can provide assistance in that regards by both reviewing the position and liaising with staff who may be required to provide statements and attend interviews.
Fee for Intervention-is often the way in which HSE become involved as a way of becoming proactive in both the issuing of the statutory notices and it is essential to obtain relevant and accurate advice at the earliest possible stage and thereafter.
Enforcement proceedings-in all of the matters here it is important to remember that the Inspector has to have regards to the HSE Enforcement policy and the Code for prosecutors which makes it important for any company to obtain sensible advice at the outset.
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Improvement Notices
Are issued by HSE inspectors under s.21 of the 1974 Act if the inspector believes that one of the regulations has been breached and the breach has created a risk to people(either members of the public or employees).
The notice should specify what has occurred that breaches the regulations and what needs to be corrected and the reason- giving normally 21 days to put the matter right.
In the meantime all work ceases,the notice needs to be reviewed`quickly and consideration of an appeal immediately to prevent delays and suspend the effects .
To access swift and sensible advise from experts with the appropriate skills can cost time and money in circumstances where time may be an issue-to address the notice and continue with the work without further delay.WE CAN ASSIST IN DRAFTING THE APPEAL.
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Prohibition Notices
Are issued by HSE inspectors under s22 of the 1974 Act if the inspector believes there is a risk of serious personal injury and which of the regulations has been breached and what is needed to be done to reduce or control the risk.
The notice requires the activity to stop immediately and the corrective action to be in place before the work can recommence.
If appealing the notice stays in force until the hearing normally (though it can be lifted in certain circumstances).WE CAN ASSIST IN DRAFTING THE APPEAL.
Appealing against the Improvement/Prohibition Notices. This is a specialist area and
CND can assist in the preliminary stages in drafting an appeal,considering the documentation and the obtaining of representation for the tribunal process which usually takes place within 14days.
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HSE Corporate Manslaughter
CND have experience in both advising and attending interviews with staff members who may be called to interview by the Investigators be it the Police or HSE inspectors and can give sensible and timely advice at what is a very stressful and difficult scenario for many companies and directors.
