Dealing with complaints about unsafe and unhealthy work activities
This procedure describes how HSENI deals with complaints made to it by employees, safety representatives or members of the public about unsafe or unhealthy work activities.
If you are concerned that a work activity may be endangering the health or safety of any person or persons you can contact HSENI by telephone (Freephone 0800 0320 121), by email (online@hseni.gov.uk), by post (HSENI, 83 Ladas Drive, Belfast, BT6 9FR) or online (https://www.secure.hseni.gov.uk/forms/OM01.aspx) and make a complaint to us about that work activity. However, you may prefer to make contact by phone as by being able to speak to you we will be able to gain the fullest understanding of the complaint and how best it might be handled.
Any information that you give will be treated in confidence, unless we are required to disclose it for legal reasons.
A complaint is a concern, originating from outside HSENI, in relation to a work activity for which HSENI is the enforcing authority, that is sufficiently specific to enable identification of the issue and who has responsibility for the work activity (e.g. employer, building contractor, etc.) and/or location, and that either:
- has caused or has potential to cause significant harm to individuals;
- denies basic employee welfare facilities; or
- appears to constitute a significant breach of law for which HSENI is the enforcing authority.
HSENI will investigate every such complaint received unless:
- it is outside the scope of the Health and Safety at Work (NI) Order 1978;
- the complainant wishes to remain anonymous and will not allow HSENI to disclose that a complaint has been received (1)
- it has been made by an employee and has not been taken up with his/her employer or trade union (2);
- it is from a serial complainant and HSENI decides no further action is required;
- there are no reasonably practicable precautions; or
- it is impracticable to investigate.
HSENI may also decide not to investigate where there have been a number of previous complaints against an employer and a significant proportion of those complaints have been found to be spurious.
In exceptional circumstances HSENI may also decide not to investigate where it is faced with inadequate resources or other emerging priorities.
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(1) Except where the complainant is an employee who may easily be identified and whose identification may endanger their future employment; a member of the public who is at risk or affected by the work activity; or a person whose property borders the workplace concerned.
(2) Except where the complainant is an employee who may easily be identified and whose identification may endanger their future employment.
