The Solid Surface Shop UK Ltd (‘the company’), was recently prosecuted by Health and Safety for failing to comply with an Improvement Notice.

Timothy Thompson of Kangs Solicitors briefly discusses the case.

The Circumstances | Kangs Health and Safety Solicitors

Upon inspection, Health and Safety Officers found extensive build-up of dust around the company’s premises.

An Improvement Notice was served on the company requiring a thorough examination of local ‘exhaust ventilation, monitoring for dusts, a system to manage respiratory protective equipment and assessments of the risk from noise and hand arm vibration’.

As the company had failed to comply with the Improvement Notice, despite numerous extensions to the deadline for compliance, it was charged with an offence under s2(1) of the Health and Safety at Work Act 1974.

The company pleaded guilty and was fined £10,000 and ordered to pay £6,181.51 costs.

The Law | Kangs Health and Safety at Work Advisory Solicitors

The Health and Safety at Work Act 1974 states:

S.2(1)

It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

S. 33(1)(a)             

It is an offence for a person—

(a) to fail to discharge a duty to which he is subject by virtue of sections 2 to 7

What Is An Improvement Notice? | Kangs Improvement Notice Solicitors

An Improvement Notice may be served when a Health and Safety inspector believes that health and safety law is being broken.

The Notice provides the opportunity to rectify the cause(s) of concern and will:

  • set out the breach(es) complained of
  • state the work required to rectify the issue
  • provide a time limit for compliance.

The Inspector will try and discuss the terms of the Notice prior to formally serving it.

How Can We Help? | Kangs Health and Safety Offences Defence Solicitors

Failure to comply with an Improvement Notice can result in prosecution with any responsible director or manager facing the prospect of a court appearance to explain any company’s default.

Whilst there is provision to subsequently appeal an Improvement Notice, initially, it is essential to act expeditiously upon receipt of such a Notice and to seek advice from experts accustomed to handling such matters.

Kangs Solicitors fields a team which regularly guides clients faced with enforcement action brought by agencies such as the Health and Safety Executive.

Should you require advice on any Regulatory matter please contact our Team through any of the following: 

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Tim Thompson
tthompson@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

24 Hour Rapid Response Team
07989 521210