Introduction to Health and Safety at Work

Prohibition notice
– This is used to halt an activity 
which the inspector feels could lead to a serious per-
sonal injury. The notice will identify which legal require-
ment is being or is likely to be contravened. The notice 
takes effect as soon as it is issued. As with the improve-
ment notice, an appeal may be made to the Employment 
Tribunal but, in this case, the notice remains in place 
during the appeal process.
There are two forms of prohibition notice:
➤
an immediate prohibition notice – this stops the work 
activity immediately until the specifi ed risk is reduced
➤
a deferred prohibition notice – this stops the work 
activity within a specifi ed time limit.
Penalties
Magistrates Court (or Lower Court)
The Magistrates Court deals with summary offences.
For health and safety offences under sections 2–6 of the 
HSW Act, employers and others (self-employed, manu-
facturers and suppliers) may be fi ned up to £20 000.
For all other breaches of the HSW Act and breaches 
of health and safety regulations made under the Act, the 
maximum fi ne is £5 000. Thus the maximum fi ne that 
may be imposed on an employee is £5 000.
For failure to comply with an enforcement notice or 
a court order, anybody may be fi ned up to £20 000 or 
imprisoned for up to 6 months.
Crown Court (or Higher Court)
The Crown Court deals with indictable offences.
Fines are unlimited in the Crown Court for all health and 
safety offences and the possible imprisonment for up to 
2 years for failure to comply with an enforcement notice 
or a court order.
For the contravention of licensing requirements for 
nuclear installations, asbestos removal and the storage 
and manufacture of explosives, the lower court can fi ne 
up to £5 000 whereas the higher court can impose an 
unlimited fi ne and/or 2 years imprisonment.
The courts also have the power to disqualify directors 
who are convicted of health and safety offences up to 5 
years at the lower court and 15 years at the higher court.
Finally, it is important to stress that imprisonment for 
health and safety offences is rare. From 1996 until 2005, 
only 5 people were sent to prison for health and safety 
offences.