Enforcement Notices: Improvement Notices and Prohibition Notices. Health and Safety at work HSE

Health and Safety Enforcement Notices:
It is important to be clear about the difference between the two types of enforcement notice that can be issued:
Improvement notices.
Prohibition notices.
There is a popular misconception that these are issued in a hierarchical way, with an improvement notice being issued first, followed by a prohibition notice if the improvement notice is not complied with.
This is totally incorrect.
Each notice has strict criteria related to its issue to which the inspector must conform; the reason for the issue of the notice being completed on the notice itself. The following are the key points to remember:
Improvement notices (section 21 HASWA):
Contravention of a relevant statutory provision at the time of issue.
Contravention in the past which is likely to be continued or repeated.
An example would be that a company has not completed suitable and sufficient risk assessments under the Management of Health and Safety at Work Regulations 1999.
An appeal against the issue of the notice must be made to an employment tribunal within 21 days of the issue of the notice.
The notice is suspended while the appeal is being heard.
Prohibition notices (section 22 HASWA):
A risk of serious personal injury or illness.
An appeal against the issue of the notice must be made to an employment tribunal within 21 days of the issue of the notice.
The notice stays in effect during the appeal.

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