- Like most people, we were unaware of the relevant H&S law
- Staff were occasionally sleeping in the premises, not living there permanently. (I expect most people have occasionally slept at the office, for example when they miss a train, and this was similar. Sometimes it's very convenient).
- The manager co-operated fully and, on being told of this issue, immediately put a stop to staff sleeping. At that moment all potential hazards ceased, because the building was not used for human habitation.
- The manager additionally had everything relating to sleeping cleared and the building tidied of some rubbish that also worried H&S. Staff + friends rallied round and this was done the same afternoon.
- H&S did some additional investigation and made an appointment to return at the end of the day, to reassure themselves that the hazards were no longer present.
- This seemed to be a classic case of the Enforcement Concordat working as intended. "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"
- Manager and staff waited for H&S to return, but they did not, and also they did not phone to cancel the appointment. They said later that they had run out of time.
- On the following day H&S issued a Prohibition Order relating to the hazards that no longer existed.
The legislation that H&S quoted is The Housing Act 2004 and here is what is says about appeals.
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