HSA Inspections
Apart from checking the safety statement the HSA inspectors are also seeking to find out, the extent to which employers, directors and senior managers are aware of their safety and health responsibilities. Inspectors are asking the person in charge in the workplace at the time of the inspection, some key questions about the extent of their knowledge on their responsibilities and how they are implementing them i.e. how are they ensuring they will not be subject to a Section 80 offence.
During an inspection the HSA inspector endeavours to meet the most senior person in charge in the workplace and outlines the nature of the inspection. They will also meet the Safety and Health Manager/Adviser and the Safety Representative where they are in place. Following the formal introductions the inspection will firstly review relevant safety and health documentation including the safety statement and/or the safety and health plan as appropriate. This will be followed by a workplace inspection using a sampling approach, covering the key risks as identified in the safety and health documentation. The inspectors need to establish the adequacy of the control measures in place for these risks. A close out meeting is then held with the most senior person in charge on the day, preferably the MD/CEO, Company Director or other responsible senior manager in order to give a verbal or written report of the inspection. They may also need to explain and serve Enforcement Notices on the employer. At this meeting the inspector also reviews with the senior manager his/her level of awareness of legal responsibilities under the 2005 Act and the level of their implementation of these responsibilities.
Awareness and implementation of senior managers’ responsibilities is judged based on compliance with the advice given in the following HSA guidance:
The extent to which this guidance is used is determined by:
- The adequacy of safety and health documentation prepared and in use, e.g. whether a safety statement or other relevant safety and health documentation are prepared, are available for inspection at the workplace, their adequacy etc.
- How well developed the safety and health management system is at the workplace
- How the inspection went, the nature of the risks found, the extent of their control or lack of control observed during the inspection.
The view an inspector may form as to the extent of management compliance with their duties under the 2005 Act will primarily come from the examination of the Safety Statement and the assessment of the extent to which it is being implemented on the ground. The response the inspector receives to the safety and health management questions posed will confirm their assessment.
The inspectors questioning will be tailored to suit the size and complexity of the organisation and the prevailing workplace circumstances. The questioning covers two key aspects of workplace safety and health management i.e. the adequacy of safety and health organisation in the company for complying with the 2005 Act and the extent of safety and health monitoring and auditing being carried out by the company to ensure it complies with the 2005 Act. So what do you need to do to ensure your safety and health organisation and monitoring is in compliance with the 2005 Act?