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Posted By robert farrier
Does anyone know whether you are allowed to challenge the decision of a local authority to investigate an accident.If there is adequate information to suggest that the investigation has not been carried out in line with HSE guidelines for investigation.
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Posted By steven bentham
Robert.
Do you mean if the Enforcement Officer does not carry out their job properly?
This is an interesting question, HASAWA gives powers to 'inspectors'; so I guess you have no means to get them to investigate any differently than they wish to do so. OTHER than whats contained in the Human Rights Acts
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Posted By Kieran J Duignan
Robert
You are certainly 'allowed' to challenge whether an inspector's actions are in compliance with the HSWA and the terms of any notice he or she serves. Solicitors do it regularly, with greater and less success.
See paras. 16 - 18 of the HSC Guide to the HSWA, published by HSE Books, 1996
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Rank: Guest
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Posted By Kieran J Duignan
Sorry, Robert
...you can find guidance on page 18 (not para. 18) of the HSC Guide to the HSWA.
Para. 98 states the grounds on which you can appeal.
As stated in paras 100/101, you have 21 days within the date of issue of a notice to challenge it by writing to the Secretary of the Central Office of Employment Tribunals of England and Wales - but you should check with ACAS the present address, as it may well have changed in the past 10 years.
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Rank: Guest
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Posted By Adrian Watson
Dear Robert,
You cannot prevent a Local authority enforcing officer from investigating an accident, if:
1/ The Local Authority is the enforcing authority for your premises; and
2/ The officer is a duly apointed officer, who is working within the terms of the powers stated in his warrant.
However, as others have stated once enforcement action is taken then you do have rights of appeal.
Regards Adrian Watson
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