Prohibition Notice issued by the HSE to a company EMPLOYEE.

1. SSRA
SAF/11/013
18 March 2011 - B
Safety Alert
Safety Alert from the HA
Prohibition Notice issued by the HSE To a any relevant statutory provisions, to co-operate
company EMPLOYEE. with him insofar as is necessary to enable
that duty or requirement to be conformed or
A Health and Safety Executive Inspector visited a complied with.
DCT Civil Engineering Ltd site on Thursday 13th
January 2011, and as a result of his visit issued a This basically means if you are supplied with
Prohibition Notice to a DCT employee. safety equipment and do not wear it or fail to
cooperate with your employer then the individual
The DCT Site Operative was using a cut-off saw may face prosecution.
(Stihl) to remove some tarmac, allowing kerbs
to be laid. He was not wearing any breathing A Prohibition Notice lasts for 5 years and as the
protection or using the water bottle to suppress name implies prohibits an action, if the same
any dust. individual is seen by the HSE carrying out a
task that requires breathing apparatus but is not
The HSE Inspector asked to see the operatives wearing any then they will be deemed to be in
training records and the dust masks that DCT breach of the Prohibition Notice and they may be
supplied. prosecuted in court.
The DCT employee had a CSCS card and the Details of all Prohibition Notices are shown on
relevant NVQ qualifications, because of this the HSE Public Register of Enforcement Notices
the HSE Inspector decided that he was suitably which can be openly seen via the HSE Website.
competent and therefore should have known
which PPE was required and should have worn When an individual is deemed competent, this is a
this PPE when carrying out the task. mix of training, experience and any necessary
qualifications, the HSE believe that they should
The Prohibition Notice was issued to the DCT know what PPE is required for a task, if the PPE
Site Operative on an individual basis and was is not available then they should not carry out
not issued against DCT Civil Engineering Ltd as the task but if it is available they should use it
a company as it was deemed the employee was correctly. Failure to do so will be see as breach
in breach of The Health and Safety at Work Act of safety legislation by the individual and not the
1974 Section 7. employer and therefore it is the individual who
will face prosecution.
Section 7 imposes two duties on all employees:
Below is a copy of the actual prohibition notice
• To take reasonable care for the health and issued, and it details the breach, and the reasons
safety of himself and of others who may be which are:- You have not taken reasonable care
affected by his acts or omissions at work. if you have not being cutting wet or wearing a
• As regards any duty or requirement imposed mask.
on his employer or other person by or under

2. SSRA
All risk assessments and the control measures identified must be followed, do not start your task until
the control measures and PPE identified are in place and being worn, all engineers are reminded that
if specific PPE is indentified it must be provided, if you are unsure of the level of PPE required to
provide suitable protection to your colleagues, contact, one of the safety team.
Response required
Actions Required:
BMS will be amended
For information only
Iain Wilson
Director for Safety, Sustainability
Display Until: 18/04/2011 Risk & Assurance