Liabilities/Repercussions of breach of HASAW
The enforcing authorities have a range of tools at their disposal in seeking to secure compliance with the law and to ensure a proportionate response to criminal offences. Inspectors may offer duty holders information, and advice, both face to face and in writing. This may include warning a duty holder that in the opinion of the inspector, they are failing to comply with the law. Where appropriate, inspectors may also serve improvement and prohibition notices, withdraw approvals, vary licence conditions or exemptions, issue simple cautions* (England and Wales only), and they may prosecute (or report to the Procurator Fiscal with a view to prosecution in Scotland).
4 Giving information and advice, issuing improvement or prohibition notices, and withdrawal or variation of licences or other authorisations are the main means which inspectors use to achieve the broad …show more content…
Improvement and prohibition notices, and written advice, may be used in court proceedings.
Cautions
A simple caution is a statement by an inspector which is accepted in writing by the duty holder, that the duty holder has committed an offence for which there is a realistic prospect of conviction. A simple caution may only be used where a prosecution could be properly brought. ‘Simple cautions’ are entirely distinct from a caution given under the Police and Criminal Evidence Act 1984 by an inspector before questioning a suspect about an alleged offence. Enforcing authorities should take account of current Home Office guidelines when considering whether to offer a simple caution.
The Employee and H&S
It is important to point out that employees also have responsibilities to their employers and themselves. They duty of care is on employer and employees to ensure the H&S & welfare of all. Employees should bear in mind the following
The enforcing authorities have a range of tools at their disposal in seeking to secure compliance with the law and to ensure a proportionate response to criminal offences. Inspectors may offer duty holders information, and advice, both face to face and in writing. This may include warning a duty holder that in the opinion of the inspector, they are failing to comply with the law. Where appropriate, inspectors may also serve improvement and prohibition notices, withdraw approvals, vary licence conditions or exemptions, issue simple cautions* (England and Wales only), and they may prosecute (or report to the Procurator Fiscal with a view to prosecution in Scotland).
4 Giving information and advice, issuing improvement or prohibition notices, and withdrawal or variation of licences or other authorisations are the main means which inspectors use to achieve the broad …show more content…
Improvement and prohibition notices, and written advice, may be used in court proceedings.
Cautions
A simple caution is a statement by an inspector which is accepted in writing by the duty holder, that the duty holder has committed an offence for which there is a realistic prospect of conviction. A simple caution may only be used where a prosecution could be properly brought. ‘Simple cautions’ are entirely distinct from a caution given under the Police and Criminal Evidence Act 1984 by an inspector before questioning a suspect about an alleged offence. Enforcing authorities should take account of current Home Office guidelines when considering whether to offer a simple caution.
The Employee and H&S
It is important to point out that employees also have responsibilities to their employers and themselves. They duty of care is on employer and employees to ensure the H&S & welfare of all. Employees should bear in mind the following