Health and Safety in Employment Act 1992

Improvement and prohibition notices

39 Inspectors may issue improvement notices
  • (1) An inspector who believes on reasonable grounds that any person is failing to comply with any provision of this Act may give the person written notice to comply with the provision.

    (2) An inspector who believes that—

    • (a) any person has failed to comply with any provision of this Act; and

    • (b) the failure (or a similar failure) is likely to occur again,—

    may give the person written notice to comply with the provision.

    (3) An improvement notice shall state that the inspector concerned believes that the person to whom or which it relates is failing, or has failed and is likely to fail again, to comply with a provision of this Act, and shall specify—

    • (a) the provision; and

    • (b) the inspector's reasons for believing that the person is failing, or has failed and is likely to fail again, to comply with it; and

    • (c) the nature of the failure or likely failure; and

    • (d) a day before which compliance is to be completed.

    (4) An improvement notice may specify steps that could be taken to ensure compliance with the provision concerned.

    (5) Every person to whom or to which an improvement notice is given or posted shall comply with it.