Enforcement Challenges

There may be occasions where local enforcement officers visit to undertake inspections, investigate complaints/accidents or carry out other duties.

The main types of officers you are likely to come across are EHOs (Environmental Health Officers), Fire Safety Officers, TSOs (Trading Standards Officers), and Police Officers.

Do not obstruct enforcement officers - this is a criminal offence!

There are a number of different enforcing agencies present throughout the UK with roles focussed on ensuring compliance with legislation requirements for the benefit of us all, this includes:

• Trading Standards
• Environmental Health
• Food Standards Agency
• Health & Safety Executive
• Police
• Fire and Rescue Service
• Local Authority Inspecting/Enforcement Officers
• TV Licensing
• Lottery
• Department for Environment, Food and Rural Affairs (DEFRA)

Powers of Regulatory Officers

All enforcement officers have powers which are set out in health and safety and trading law legislation which allow them to carry out their inspections. These include:

• Enter the location at any reasonable time
• Carry out investigations
• Inspect goods
• Require production of documents, records, etc.
• Take copies
• Open containers, packages, etc
• Seize and detain goods/documents
• Inspect computer records
• Take samples of products
• Gain entry using an 'entry warrant'

Officers will usually take an informal approach rather than take a prosecution or serve a notice if they feel that an informal approach will result in prompt work. Confidence in the management is one of the issues that the officer will take into account when deciding what action to take if they find breaches of the law.

The attitude of team members can dramatically influence the outcome of a visit so try to remember the following:

• Treat the officer as you would a customer
• Receive criticism gracefully and encourage the officer to think about problems constructively
• Do not try to "smart talk" your way out of criticism
• Answer the officer's questions to the best of your knowledge but if you don't know the answer say so, don't try to guess
• If you don't understand what the officer is asking – say so, ask him/her to re-phrase their question
• Allow them to look at documents/areas/equipment/take photographs/take samples
• Make notes of what the officer identifies and requests to be done

An officer may take 'official' samples for testing or samples as part of a survey. This is not 'seizure'. They will normally only seize items if they intend to recommend a prosecution. If during the visit illegal items or damaged equipment is found, offer to take it off display/out of service immediately, for disposal or repair.

Do not obstruct the officer - this is a criminal offence!

Help!

If the officer mentions one of the following, the team at Due Diligence Solutions can provide expert help, advice and assistance:

• Legal caution
• The issuing of legal notices
• The removal of documents or samples
• If they have taken photographs
• If they request you to make a witness statement

The problem is that sometimes it is easy to fall foul of the law and before you know it, you can find yourself or your business in a sticky situation, examples of this include:

• Failing to comply with requirements of the Fire Safety Order 2005, and receiving an Enforcement notice or Prohibition Notice from the Fire and Rescue Service, for failing to provide a "suitable and sufficient" fire safety risk assessment or staff training
• A cashier selling alcohol to a child who is under the legal age requirement and both the business owner/manager and cashier receiving an immediate caution under the Police and Criminal Evidence Act (PACE) from a Trading Standards Officer
• A hotel and restaurant being served an improvement notices for serious breaches under the Food Safety Act

In every instance the worst thing you can do is ignore the problem and hope it will go away, this is a sure route towards prosecution, fines and can seriously affect the reputation of your business.

If the officer wishes to interview a representative of the company under caution, ask the officer to put their questions in writing.

Do not agree to be interviewed under caution without getting advice first!

Contact us online or call us on 0844 372 7300, for help and advice.