Making a complaint
about a workplace in Newham
If you wish to make a complaint
about health, safety or welfare conditions in a workplace, please
contact us.
Our team will investigate your complaint and the
investigation will have two main aims:
to identify and prevent risk to public health and safety
to investigate possible health and safety offences
Please have full details ready of the premises concerned when you
contact the health and safety team.
What should I expect from the Health & Safety team after my
complaint?
We aim to:
assess all enquiries and complaints about occupational health and
safety regarding allocated workplaces within one working day of
receipt. We will then respond by telephone or in writing (or
appointment if necessary) within the following timescales:
-
- urgent requests where there is a serious and imminent risk of
injury will be responded to within one working day
- non-urgent service requests will be responded to within seven
working days
- investigate and visit workplace facilities within one working
day, unless there is a compelling reason not to do so
- investigate non-fatal workplace accidents where these are
serious or show a pattern of poor health and safety management. We
will begin investigations within 7 working days of enquiry
- assess and register skin piercers that meet the legal standard
within 10 working days of receipt of application.
Some workplaces will be the responsibility of the
Health and Safety
Executive, rather than the council, according to the nature of
the work carried out. We can advise you who the relevant 'enforcing
authority' for health and safety purposes is, when you contact us.
If you make a complaint about a workplace, we will require your
name, address and contact details so that we can keep you informed
of our progress.
What happens first?
We will contact you to confirm details of your complaint with you
provide you with an initial assessment of your complaint and give
you details of how to keep in touch with us. Newham Council does
not deal with all Health and Safety matters. It may therefore be
necessary for us to refer you to another enforcement body such as
the Health and Safety Executive. We will do our best to give you
details to contact them direct.
Further Information we need from you
When we contact you we may ask for additional information.
We need to know:
- where and when the unsafe conditions/accident occurred
- how you discovered the cause for complaint
- whether there were/are any other people affected
- how the unsafe conditions or accident affected you (for
example, were you injured or ill)
- as your complaint could lead to prosecution, we may sometimes
ask you and other witnesses to provide statements.
How do we investigate your complaint?
We will not always visit the premises you have complained about.
After speaking to you and making an initial assessment we may
decide to phone the premises and ask them to rectify the matter you
are complaining about.
If we feel it is necessary we will visit the premises you are
complaining about to attempt to witness the matter being complained
about. If we judge that health and safety legislation is being
breached, we will ensure the issue is rectified.
If we visit the premises and judge that all relevant health and
safety legislation is being complied with, we can not legally
require any improvements at the premises. We may be able to make
suggestions for improvement but these are not enforceable.
How long does an investigation take?
The time taken to investigate a complaint will vary, ranging from a
few days to many months. Cases that result in a formal caution or
prosecution can take over a year to complete.
What are the likely outcomes of your complaint?
The main aim of any complaint investigation is to make sure that
unsafe conditions are made safe. The complaint investigation will
also establish whether any health and safety offence has been
committed.
If we have sufficient evidence to prove that an offence has been
committed, we will consider the following issues in deciding
whether to take any further legal action:
- the seriousness of the offence and the nature of any injuries
or ill health suffered as a result and the likely penalty
- the steps taken to avoid the unsafe conditions/accident
- whether anyone has been negligent
- the likelihood of the offender re-offending
- your views
You will be told about the outcome of the investigation and the
investigating officer will explain to you the reasons behind the
final decision in your case.
We will keep your identity strictly confidential. Sometimes a
business may want to apologise, in these cases we will only reveal
your identity if you give your consent.
Claiming compensation
The health and safety team cannot give you advice about your right
to compensation. You would need to take independent legal advice
regarding this. The Citizens
Advice Bureau can provide further information regarding your
legal rights.
Contact the Health and Safety Team
Address:
Health and Safety Enforcement
3rd Floor West Wing
London Borough of Newham
Newham Dockside
1000 Dockside Road
London
E16 2QU
Telephone: 020 8430 2000
Textphone: 020 8430 2412
Fax: 020 8430 4434
Email:
health.safety@newham.gov.uk