Health and safety enforcement

The enforcement of health and safety law is split between the Health and Safety Executive (HSE) and our Environmental Health team.

This is dependant upon the type of work activity involved but in general the council is responsible for:

  • offices, shops, wholesale and retail warehouses, holiday and catering establishments (including hotels, pubs, cafes, wine bars, restaurants, take-away food shops, mobile snack-bars, guest houses, hostels, holiday homes, caravan and camping sites)
  • leisure and entertainment facilities (including night-clubs, discos, bingo halls, amusement arcades, circuses, social clubs, sports facilities, health clubs, gyms, swimming pools, riding schools, pleasure-boat hire, golf clubs, motor racing circuits, race-courses, theatres and art galleries),
  • residential care homes
  • churches and other consumer services (including tyre and exhaust centres, therapeutic and beauty services, hairdressers, undertakers and animal care establishments)

 The Health and Safety Executive is responsible for:

  • factories
  • building sites,
  • mines and quarries
  • farms
  • fairgrounds
  • railways
  • public sector organisations
  • chemical plants
  • offshore and nuclear installations.

Our enforcement

On completion of any inspection or investigation work, if we identify contraventions of health and safety law requiring a remedy, there are a range of enforcement options available to us:

Advice/education

We can provide verbal or written advice on the measures required to remedy any minor contraventions found.

Improvement Notice

This may be served for a specific legal contravention but where non urgent action is required within a specific timeframe. The notice will detail the contravention, the works necessary to remedy this and the date by which these works should be completed.

Prohibition Notice

This may be served where we consider there to be an imminent risk of serious injury and urgent action is required. The notice will detail what activity or equipment is to be prohibited and will come into effect immediately.

Prosecution

We will prosecute when a contravention is particularly serious or there are serious failings by management or when all other approaches have proved unsuccessful.

Formal caution

This may be offered where there are reasons a prosecution is inappropriate e.g. lack of public interest.

For further information on our enforcement duties including use of legal notices and prosecutions, please refer to our corporate enforcement policy below.

Although we are responsible for ensuring that businesses meet the minimum legal safety standards, the formal approaches described above will only be considered in exceptional circumstances. It is more usual for our inspectors to provide advice to business on identifying and managing health and safety issues.

Contact us

Newark and Sherwood District Council
Kelham Hall
Kelham
Nottinghamshire
NG23 5QX

01636 650000

customerservices
@nsdc.info

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    Newark and Sherwood District Council
    Kelham Hall
    Kelham
    Notts
    NG23 5QX

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