Enforcement notices issued by the Health and Safety Inspectorate

​Details of prohibition and improvement notices that have been issued by the Health and Safety Inspectorate.

July to September 2020

Prohibition Notices

Seven immediate Prohibition Notices were served:

• six relating to unsafe work at height on construction sites
• one relating to failure, by a licensed establishment, to manage the risk of transmission of COVID-19 taking into account Public Health guidance at Level 1 of the Safe Exit Framework

Improvement Notices

Nine Improvement Notices were also served:

• three relating to failures to provide adequate welfare facilities on construction sites
• two relating to insufficient measures being in place to ensure that live electrical services were removed, disconnected or isolated before buildings were demolished
• one relating to a failure of a Principal Contractor to adequately monitor and supervise the work of employees and contractors on a construction site
• one relating to a failure to provide training to the operators of lift trucks
• one relating to the failure of an employer with more than 5 employees to adequately assess the significant risks to which employees are exposed whilst at work
  

April to June 2020

Prohibition Notices

Twelve immediate Prohibition Notices were served:

• six relating to unsafe work at height on construction sites
• one relating to an unsafe and unguarded table saw on a construction site
• one relating to unacceptable standards of housekeeping on a construction site
• one relating to unsafe access and egress to work at height on a construction site
• one relating to a failure to implement a safe system of work whilst painting a house
• two relating to inadequate measures being taken to minimise the spread of COVID-19 on construction sites

Improvement Notices

Two Improvement Notices were also served:

• both related to a failure to provide adequate welfare arrangements on construction sites

January to March 2020

Prohibition Notices

Six immediate Prohibition Notices were served:

• three relating to unsafe work at height on construction sites
• two relating to unsafe access and egress to work at height on construction sites
• one relating to unsafe work on utilities in an excavation with inadequate shoring
  

Improvement Notices

Nine Improvement Notices were also served:

• three relating to guarding of power guillotines in engineering workshops
• two relating to control of exposure to welding fume in engineering workshops
• one relating to a hotel employing more than 5 people that had failed to prepare a written statement of the employer’s policy with respect to health and safety
• one relating to the use of a chainsaw in horticulture without appropriate training
• one relating to a failure to control the risk of falling objects on a construction site
• one relating to a failure to keep a construction site orderly and tidy by actively managing housekeeping

October to December 2019

Prohibition Notices

Nine immediate Prohibition Notices were served:

• three relating to unsafe work at height on construction sites
• two relating to unsafe work at height whilst carrying out roof repairs
• one relating to unsafe work at height whilst decorating the exterior of a property
• one relating to unsafe work at height whilst power washing the roof of a hotel
• one relating to a failure to adequately guard a table saw on a construction site
• one relating to a failure to adequately guard a bandsaw used in a butcher’s shop

Improvement Notices

Two Improvement Notices were also served:

• both notices related to hotels employing more than five people that had failed to prepare a written statement of the employer’s policy with respect to health and safety

July to September 2019

Prohibition Notices

Eleven immediate Prohibition Notices were served:

• five relating to unsafe work at height on construction sites
• one relating to the risks of falling into an excavation
• one relating to the risk of a collapse of an excavation
• one relating to failure to properly plan work at height
• one relating to unsafe access and egress onto a scaffold
• one relating to an unsafe electrical distribution system on a construction site
• one relating to unsafe removal, handling and storage of asbestos cement

Improvement Notices

Eight Improvement Notices were also served:

• one requiring adequate welfare facilities for workers on a construction site
• one requiring a written Construction Phase Plan
• one requiring a sufficient risk assessment of general risks be carried out
• one requiring a risk assessment for the use of a vehicle tail-lift
• one requiring an electrical system to be tested so as to prevent danger
• one requiring a written scheme of examination for a pressure vessel
• one requiring thorough examination of a lifting appliance (fork lift truck)
• one requiring a safe system of work for excavation into a hillside

April to June 2019

Prohibition Notices

• four resulting from poorly planned construction work at height leading to a risk of falls from unprotected edges
• one resulting from a failure to provide safe access and egress to a place of work at height
• one for a failure to control the risk of falls from height during the erection of a temporary roof scaffold 
• in addition one was served for failure to guard the dangerous part of a commercial food mixer

Improvement Notices

Two Improvement Notices were also served:

• one for failure to have a safe system of work whilst excavating near to buried utilities
• one for failure to produce a safe work method statement, design and calculations for a temporary support to a structure during construction 

January to March 2019

Prohibition Notices

Twelve immediate Prohibition Notices were served:

• six resulting from poorly planned construction work at height leading to a risk of falls from unprotected edges
• three relating to unsafe access onto and around a construction site, including areas where work at height was taking place
• one relating to a risk of falls from a poorly maintained scaffold on a construction site
• one relating to inappropriate use of a tower scaffold leading to unsafe work at height
• one relating to unsafe access onto and around a construction resulting from a risk of falls through open joists

Improvement Notices

Six Improvement Notices were served:

• one for failure to review and revise the significant risks to health and safety presented by scaffolding erection and dismantling
• one for failure to make a sufficient assessment of the risks relating to segregation of pedestrians, traffic and plant on a construction site
• one for failure to provide a safe work method statement with regard to the use of mobile powered plant on a construction site
• one for failure to prepare a Construction Phase Plan prior to commencement of construction work
• one for failure to provide adequate welfare facilities on a construction site
• one for failure to have in place sufficient systems to ensure that construction work does not affect the safety of existing gas appliances 
  

July to December 2018

Prohibition Notices

18 immediate Prohibition Notices were served:

• 13 relating to unsafe work at height in the construction industry
• one relating to the failure to provide safe access and egress to scaffold
• one relating to the failure to provide a safe scaffold
• one relating to the failure to maintain an electrical system in good repair and working order
• one relating to the failure to implement a safe system of work for washing windows
• one relating to the failure to implement a safe system of work to clean guttering

Improvement Notices

Five Improvement Notices were served for the failure to:

• comply with the duties placed on the client for construction work
• produce a specific design for a temporary roof scaffold
• maintain gas appliances
• provide adequate welfare amenities on a construction site
• prepare a Construction Phase Plan prior to construction work starting

January to June 2018

Prohibition Notices

Seven immediate Prohibition Notices were served:

• two preventing the spraying of isocyanate containing paint in the motor industry without adequate safeguards and the correct respiratory protection
• two relating to the use of machinery where adequate precautions had not been taken to prevent access to dangerous parts of the machine
• one relating to unsafe work at height whilst conducting roof repairs
• one relating to unsafe work at height whilst power washing a roof
• one relating to insufficient measures taken to protect the public whilst erecting scaffolding

Improvement Notices

Thirteen Improvement Notices were served:

• three for failure to adequately manage violence and aggression and ensure a safe environment in a healthcare setting
• four for failure to have LEV thoroughly examined and tested in relation to the control of substances hazardous to health
• one for failure to provide and record training in woodworking machinery
• two for failure to provide employees with asbestos awareness training in the construction industry
• three for failure to adequately plan, manage and monitor construction projects

July to December 2017

Prohibition Notices

Seven immediate Prohibition Notices were served:

• two relating to unsafe work at height in the construction industry
• one preventing the spraying of isocyanate containing paint in the motor industry without adequate safeguards
• one relating to the failure to provide and ensure appropriate personal protective equipment (PPE) was worn during chainsaw operations
• one for failure to ensure suitably trained operatives adhere to a safe system of work when drilling holes in asbestos cement
• one preventing work on asbestos containing materials without proper training
• one relating to an unsafe system of work whilst hedge cutting

Improvement Notices

Three Improvement Notices were served for the failure to:

• provide employees with asbestos awareness training
• plan, manage and monitor construction projects
• provide appropriate training for chainsaw operations
  

January to June 2017

Prohibition Notices

15 immediate Prohibition Notices were served:

• eight relating to the failure to provide suitable or sufficient measures to prevent a fall when working at height
• one prohibiting the use of a defective passenger lift in an apartment block
• one prohibiting the use of unsafe skip lifting equipment on a vehicle
• one relating to the failure by a licensed asbestos removal contractor to carry out licensed asbestos removal work, in accordance with the terms and conditions of its licence
• one relating to the failure by a licensed asbestos removal contractor to ensure a decontamination unit, which met the required standard, was provided during licensed asbestos removal work
• one relating to aerial tree work being undertaken in an unsafe manner with no provision for aerial rescue
• one relating to the failure to provide and ensure appropriate personal protective equipment (PPE) was worn during chainsaw operations
• one relating to the failure to ensure those carrying out aerial tree work had been provided with appropriate training

Improvement Notices

Seven Improvement Notices were served for the failure to:

• provide suitable and sufficient supervision and monitoring in a joinery workshop
• have a written health and safety policy
• have suitable arrangements to certify employees as competent to operate construction plant
• provide employees with asbestos awareness training
• provide appropriate training for chainsaw operations
• ensure that arrangements were in place for a scaffold to be inspected by a competent person at least every seven days
• plan, manage and monitor construction projects

July to December 2016

Prohibition Notices

Four immediate Prohibition Notices were served during this period, which legally prohibited the activity continuing until the appropriate steps had been taken to address the failings;

• one prohibiting the use of a defective passenger lift in a retail store
• two relating to roof work where no steps had been taken to prevent persons falling a distance of greater than 6 feet 6 inches from the roof edge
• one relating to aerial tree work being undertaken in an unsafe manner, including a failure to have an appropriate rescue climber on site

Improvement Notices

Two Improvement Notices were served, which legally required the duty holder to remedy a breach of the Law within a specified time period:-

• one for the failure to have a written health and safety policy
• one for the failure to carry out a risk assessment relating to the safety of persons associated with a construction project 

January to June 2016

Prohibition Notices

Six Prohibition Notices were served;

• one prohibiting the use of a defective vehicle lift
• one prohibiting the use of a poorly maintained stepladder
• four relating to work where no, or insufficient, steps had been taken to prevent exposure to a fall from a height of more than six feet six inches

Improvement Notices

27 Improvement Notices were served, of which 23 Notices relating to the training of operatives:

• 10 Notices relating to the failure to provide refresher training in the use of chainsaws when carrying out aerial tree work*
• 10 Notices relating to the failure to provide refresher training in aerial rescue during aerial tree work*
• the failure to provide rescue climbers with aerial rescue training during aerial tree work*
• the failure to provide refresher training to scaffold operatives
• the failure to provide training to plant operators

* These Notices were all served in connection with a targeted initiative of the local arboriculture industry. A separate article regarding this initiative is published on the website.

The remaining four Notices were served as follows:

• two Notices relating to the failure to prepare a written Health and Safety Policy
• the failure to assess the risks associated with demolition, including electricity and gas supplies
• the failure to assess the risks associated with operatives and traffic operating in the same area

July to December 2015

Prohibition Notices

Eight Prohibition Notices were served:

• four of which were prohibiting work on a flat roof without suitable edge protection to prevent a fall from height
• prohibiting the use of a swing boat which had failed
• prohibiting the use of a reinforcing bar cutting machine due to ineffective arrangements for ensuring employee’s safety
• prohibiting the removal of asbestos cement roof sheets without appropriate training
• prohibiting the lifting of persons on the forks of a forklift truck in unsuitable appliances

Improvement Notices

Eight Improvement Notices were served:

• two relating to the failure to ensure the safety of employees when working near electrical equipment
• two relating to the failure to provide appropriate asbestos awareness training
• the failure to ensure construction plant operatives are appropriately trained and assessed as competent 
• the failure to have effective arrangements for managing the maintenance of the vehicle fleet, including construction plant
• the failure to prepare a written Health and Safety Policy
• the failure to provide evidence that the dust extraction and collection system is examined yearly

January to June 2015

Prohibition Notices

Nine Prohibition Notices were served; one related to inadequate steps taken to prevent the walls of an excavation collapsing, and eight related to work which exposed operatives to the risk of a fall of more than six feet six inches:

• four relating to work on a flat roof without edge protection
• during landscaping work to a garden at the top edge of a sea wall
• during the erection of  scaffold
• the removal of a glass roof
• the erection of hoarding on top of a wall

In all of the above cases no, or insufficient, steps had been taken to prevent a fall from height.

Improvement Notices

Three Improvement Notices were served for:

• the failure to provide appropriate asbestos awareness training to employees
• the failure to provide adequate training to scaffolders
• the failure to provide training to employees who use chainsaws

July to December 2014

Prohibition Notices

Two Prohibition Notices were served:

• prohibiting the use of an excavator which was shown, during an examination by a competent engineer, to have evidence of serious mechanical wear and tear, and an electrical fault, which affected its safe operation
• due to the risk of a fall from height due to the lack of suitable guard rails to the inside of a scaffold platform and an excessive inside gap between the edge of the scaffold platform and the face of the building

Improvement Notices

Six Improvement Notices were served:

• two relating to the failure to provide appropriate asbestos awareness training to employees
• the failure to adequately assess and control the foreseeable risk of known asbestos-containing insulation board sustaining inadvertent damage, thereby exposing persons to the risk of airborne asbestos fibres
• the failure to ensure a safe system of work for cleaning windows
• the failure to carry out a risk assessment to ensure the safe use of ladders for work at height
• the failure to ensure the safe storage of articles and substances, including highly flammable liquids 

January to June 2014

Prohibition Notices

Three Prohibition Notices were served; all related to unsafe roof work which exposed operatives to the risk of a fall of more than six feet six inches:

• erection of a large agricultural building: no guard rails had been erected to prevent a fall from the edge of the roof, and no nets had been erected to mitigate the consequences of a fall during the laying of the roof sheets
• work on an asbestos cement roof: insufficient precautions had been taken to prevent a fall from the edge of the roof or through the fragile roof sheets
• re-felting of dormer roof structures: no precautions taken to prevent a fall from the roof

Improvement Notices

Two Improvement Notices were served in relation to a failure to adequately manage and control the risk of exposure to legionella bacteria. 

July to December 2013

Prohibition Notices

Three Prohibition Notices were served, all in connection with work at height:

• dismantling of a temporary roof scaffold
• the power washing of a pitched roof
• plastering of an external wall from a partially constructed balcony

Improvement Notices

20 Improvement Notices were served in relation to the following:

• 16 Notices relating to the training and competency of operatives working within the scaffolding industry*
• two Notices relating to the failure to have a temporary roof scaffold designed by a competent person
• the failure to adequately assess and manage the risks of workplace violence
• failing to effectively manage and supervise work subject to the Asbestos (Licensing)(Jersey) Regulations 2008

January to June 2013

Prohibition Notices

Four Prohibition Notices were served, all in connection with construction activities:

• one Notice in respect of an unsafe scaffold
• three Notices relating to unsafe work at height, two of which resulted from work on flat roofs and one on a balcony under construction

Improvement Notices

Six Improvement Notices were served in relation to the following:

• a failure to have sufficient arrangements in place to control and administer work at height within the arboriculture industry
• two Notices relating to the requirement for asbestos awareness training for operatives working within the construction industry
• the requirement for risk assessments within the Motor Vehicle Repair industry
• the failure to be able to demonstrate competence within the scaffolding industry
• workplace transport within the retail sector

July to December 2012

• a motor vehicle lift continued to be used despite a serious defect, identified during a thorough examination, not being rectified as required
• the use of an unsafe working platform during demolition works
• Two Notices relating to a failure to properly secure a scaffold

Improvement Notices

Seven Improvement Notices were served in relation to the following:

• two Notices due to the failure to have a specific design prepared in respect of a temporary roof scaffold
• two Notices relating to the assessment and control of risks associated with the use of chemicals
• a failure to a have a written health and safety policy
• the failure to assess and control the risks associated with the storage and retrieval of stock
• the failure to provide appropriate asbestos awareness training

January to June 2012

Prohibition Notices

One Prohibition Notice was served in relation to the following:

• a failure to fit a top guard or riving knife to a circular saw bench in a joinery workshop

Improvement Notices

Ten Improvement Notices were served in relation to the following:

• eight Notices due to the failure to have a suitable Asbestos Management Plan in place
• a failure to provide suitable asbestos awareness training 
• failure to a have an internal examination of a coffee boiler set carried out in accordance with the Written Scheme of examination  

July to December 2011

Prohibition Notices

Four Prohibition Notices were served in relation to the following:

• a failure by a motor vehicle repair shop to provide electrical equipment which was intrinsically safe for use in areas where flammable vapour was present
• a failure to provide appropriate edge protection, or an alternative safe system of work, for work on a roof
• the continued use of vehicle lift despite a thorough examination report identifying that the lift was defective and should be taken out of use until repaired
• a failure to ensure the safety of an excavation

Improvement Notices

Three Improvement Notices were served in relation to the following:

• the failure to adequately prevent access to live electrical conductors
• the failure to demonstrate competency in post-installation inspection of outdoor playground equipment
• the failure to carry out an appropriate risk assessment in respect of a carbon dioxide system installed at a local brewery

January to June 2011

Prohibition notices

Seven prohibition notices were served in relation to the following:

• three notices for a failure to provide edge protection or a safe system of work whilst working on a flat roof
• three notices for a failure to provide edge protection whilst working on a roof
• a failure to provide edge protection or working platforms whilst removing rafters from a roof space

Improvement notices

14 improvement notices were served in relation to the following:

• 12 notices for failure to provide a written scheme of examination for the cafe boiler (as part of an Initiative)
• a failure to conduct a suitable and sufficient risk assessment for manual handling of carpets
• a failure to ensure a formalised approach and recording of training of a woodworking machinist