If the officer finds a serious hazard (i.e. one in the higher scoring bands A – C, called a Category 1 hazard in the Act) the local authority will be under a duty to take one of the courses of action outlined in the section on enforcement in this Guidance. Category 2 hazards (i.e. those in scoring bands D - J) will be ones that the officer judges are not as serious. For these less severe hazards local authorities will still be able to take action if they think it necessary.Category 1 means a Hazard Score of 1,000 or more
Category 2 means a Hazard Score of 1,000 or less
Let's try a worked example, using the information in my previous post:
- A landlord smokes while working on the house. This is a hazard for the vulnerable group of some asthma sufferers, likely to trigger an attack requiring medical treatment at least once per week.
- The most appropriate hazard seems to be "Carbon Monoxide and fuel combustion products"
- Asthma is a "class 2" harm, so its hazard score is 1,000
- The likelyhood of harm is once per week, so I think 52 times per year (the documentation is not clear on what you do with hazards that would cause harm more than once per year)
- The Hazard Score = 1,000 x 52 = 5,200
- The Hazard Band is "A" (the most serious)
- So it's a category 1 hazard.
So what should a Health and Safety official do? Issue Prohibition Orders against all landlords who smoke?
Probably no. I think this is where the Enforcement Concordat is intended to take effect and achieve a negotiated solution. "Before formal enforcement action is taken, officers will provide an opportunity to discuss the circumstances of the case and, if possible, resolve points of difference".
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