Under the Health and Safety at Work (Jersey) Law, 1989 powers are given to appointed inspectors to issue both Improvement and Prohibition Notices. Improvement notices require changes to be made to meet health, safety and welfare requirements. Prohibition notices call for immediate action because, in the inspector's opinion, there is a risk of serious personal injury.
Past enforcement notices issued by the Health and Safety Inspectorate can be found on the Gov.je website here:
If you are unhappy about an improvement notice or prohibition notice issued by authorised inspectors under the Health and Safety at Work (Jersey) Law, 1989, you may appeal to the tribunal.
Appeals must be made within 21 days of the notice and only in special circumstances will that time be extended.
An appeal, in writing, must be made to the Registrar, Health and Safety Appeal Tribunal, Tribunal Service, 1st Floor, International House, 41 The Parade, St. Helier, JE2 3QQ, giving:
Once an appeal has been registered the two types of notices are treated in different ways.
An improvement notice is automatically suspended pending an appeal hearing.
You can appeal to the Registrar for a prohibition notice to be suspended by the Tribunal until the full hearing, if they feel it is appropriate. This appeal should be in writing to the Registrar, stating your reasons. This request is essential if you want to claim compensation for financial losses resulting from a Prohibition Notice, if the Tribunal decision is in your favour.
Your appeal will be registered and a hearing will be organised as soon as possible. Written representations must be sent seven days before the hearing, to the Tribunal and the other party.
Hearings are usually held in public.
More information on the procedures of the Health and Safety at Work Appeal Tribunal can be found on the Jersey Law Website, under the following:
Information produced by the States of Jersey - Guidance: health and safety at work