Health and Safety Inspectorate enforcement notices (FOI)

​Request

Please provide all full enforcement notices, both improvement and prohibition, issued by the Health and Safety Inspectorate between January 2021 and the present date. In respect of each, please confirm the date at which the matter was considered resolved / closed or if the notice remains in force.

Response

Prohibition Notices are served when, in the opinion of the Inspector, there is a risk of serious personal injury. The Notice has the effect of stopping the working activity giving rise to the risk until adequate steps have been taken to control it. The Notice therefore contains no specified timescale for when work can recommence as this is entirely dependent on the time taken by the duty holder to put in place the appropriate measures.

Improvement Notices are served when, in the opinion of the Inspector, there is a breach of the health and safety legislation which needs to be remedied within a specified period of time to secure compliance with the law.

Of the 11 Improvement Notices served within the specified timescale set out in the Freedom of Information request:

• one Improvement Notice is still in force

• 10 have been resolved / closed

Of the 18 Prohibition Notices served within the specified timescale set out in the Freedom of Information request:

• all 18 have been resolved/ closed

Article 20 of the Health and Safety at Work (Jersey) Law 1989 places strict restrictions on disclosure of information obtained by Inspectors whilst exercising their powers under the Law, which prohibits the release of copies of enforcement Notices served under the Law. However, a summary of all Notices served, both Prohibition and Improvement Notices, are published on the ‘Updates page’ of the Health and Safety Inspectorate website, www.gov.je/hsi on a quarterly basis:

January – March 20201 Update on enforcement notices issued (gov.je)

April – June 20201 Update on enforcement notices issued (gov.je)

Improvement and Prohibition Enforcement Notices from January to September 2021

Article Applied

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.