Hi all - I have a client who is wishing to appeal a recent improvement notice served on a machine as they believe they have taken all reasonable steps to guard/make safe moving parts. Being aware of the right to appeal but never having had to do this untill now, I was after any info or guidance you may have on this subject Many thanks. Chris

Have the reasonable steps been taken after the IN was issued? If so just contact the enforcing officer and ask to have it removed. If the steps were before the notice then an appeal is likely to fail. Do what the enforcing officer has required then have it removed. I tried to have one removed a few years ago but the HSE Inspector would have none of it.

I'm assuming what you're saying is that you disagree with the Inspector on what is a reasonable level of guarding?. On older machines where guarding gets retro fitted that certainly happens. If you were served an Improvement Notice then the Inspector also had a legal obligation to provide you with information on how to appeal the Notice (it's been a while I can't remember the ref for the information booklet). If they did not give you this information then ring up the office and ask for the information, they legally have to provide you with details of how to appeal. The Notice will be suspended whilst you appeal (but only once you have appealed). Some people successfully appeal some don't. It's not down to the inspector whether the appeal is successful (that would be silly) it's a seperate body that decides.

Well if Lord young has his way your client won't have to worry about any notices at all!

Chris, Often (but not always) the IN will describe, or at least give some pointers, within an attached Schedule as to what the Inspector had in mind. Failing that, why not suggest they contact the Inspector to get his pov? There would seem to be some scope here, otherwise your Client would have been issued a PN.