Posted By dixie dean I have recently been paid a visit by a local authority EHO who decided in her opinion that on the hottest day of the year (27C) my retail staff were working in temperatures which were 'too hot, (29C)and therefore not reasonable'. In her view this will lead to an increased risk of personal serious injury so promptly served a Prohibition Notice to take affect when temperatures are considered 'unreasonable' - in the accompanying letter she stated that if the temperature rises above 23C then we need to take action to return the temperature to a 'reasonable' one, if not able to then activities must cease. This was despite the fact that we had followed all the HSE guidance re: temporary cooling equipment, desk fans, relaxing dress code, job rotation etc. I have of course appealed the notice on the grounds that it is unclear, unjustified and the type of notice is not appropriate to the risk. The notice also states that this will remain in force for the life of our occupation. For good measure she also served a notice to improve ventilation, this she established by using a dry bulb thermometer! I am appealling this notice as well. How does the forum rate my chances in the appeals court?

Posted By Adrian Watson Dear Dixie, I think that this person is talking nonsense. The person has omitted to take account of RH, air movement, radiant heat, clothing and workload. 23 C is a comfort temperature recommended by CIBSE. It is not an upper limit as that is determined by air movement and relative humidity of the air. Whilst this temperature is uncomfortable it is not a serious risk to health in an office, unless you're using it as an assault course or you've a serious heart condition! Never the less, I suggest that you marshal the relevant information for the appeal. Use HSE's & ACGIH's guidance, as well a standard text book such as Human Thermal Environments Ken Parsons or Indoor Climate DA McIntyre. If you need further information send an email. Regards Adrian LLM MSc Dip Occ Hyg FFOH ROH FIOSH RSP MCIEH Chartered Environmental Health Practictioner

Posted By Kieran J Duignan Wow! how 'hot' can answers to a question about temperature rise to? As Dave's observation about 'subjectivity' is central, it may be helpful to your case to collect two sets of data to assist the court to see the light: a. temperature and humidity levels in different parts of your workspaces; b. opinions of staff (across all job activities). There will predictably be a range in both sets of data, from which you can develop your argument.

Posted By Jason McQueen Send her to a steel smelters or a blacksmith and watch her run around like a headless chicken.

Posted By steven bentham PN's can't last for ever. When the temperature has dropped. Measure it and write back saying that you have now complied with the notice. You can't have ongoing 'off and on' notices. When its served you comply or are prosecuted. When you have complied the notice has finished. When the temperature goes back up she will have to come out and serve another notice. Send me details of the actual notice if you want further advice.

Posted By David J Bristow Dave Don’t want to be picky, especially as you’re an ex EHO inspector, but I thought that Prohibition Notices where issued when there was a breach of an ACT or Regulation (hence the time limit to install corrective measures) and PROHIBITION NOTICES where issued when there was an imminent risk to life or to limb? Please free to correct me if I am wrong, such an age since my formal training. Regards David B

Posted By Adrian Watson Sections 22 and 23 HSWA concern prohibition notices. Prohibition notices are directed to addressing "activities" which involve a risk of serious personal injury. Section 22 allows you to serve a prohibition notice if you are of the opinion that, an activity carried on, or likely to be carried on by or under the control of a person, involves, or will involve, a risk of serious personal injury. If the activity has not previously been carried on you must be of the opinion that it is likely to be carried on in a way which will involve a risk of serious personal injury; if the activity has been carried on but has temporarily stopped, you must be of the opinion that it is likely that the activity will recommence and make that clear on the Prohibition Notice.2 A prohibition notice should: state that the inspector is of the above opinion; specify the matters which in his/her opinion give, or will give, rise to the risk; direct that the activity should not be carried on unless the contravention has been remedied. Where you are of the opinion that the activity involves a contravention of any of the relevant statutory provisions you should: state that you are of that opinion; specify the provision or provisions which is being contravened; and give details of the reason(s) why you are of that opinion. However, provided that you reasonably believe that there was a risk of serious personal injury, a contravention of a statutory provision is not necessary for a prohibition notice to be valid. Therefore if you are wrong in your opinion that a relevant statutory provision has been contravened, the prohibition notice should still stand. Regards Adrian Watson