enviroment health officers

Marylea

Diver2 wrote: »

Thanks Marylea

That seems reasonably authorative, but could you please post what the warrant says in full?

I suppose I just struggle with the fact that the EHO could enter land/property without at least "reasonable grounds" being required.

FWIW, I think the whole approach of the EHO described by the OP sounds very heavy handed and lacking in dimplomacy. A simple knock at the door to ask them about the tractors would (in my view) been a reasonable first step and would have established that there was no grounds for concern without the requirement to go further.

Regards

D2

Exact wording, you may regret this!:

This is to certify that 'Marylea' whose photograph and designation is appended above, is appointed by the 'Blah City Council' under section 19 of the Health and Safety at Work Act 1971, and that by virtue of her appointment she is authorised to carry out investigations and to enter premises for the purpose of making insoections and to carryout such enforcement as may be required for the purpose of the enactments listed in the schedule overleaf as extended, amended or varied by or by virtue of any subsequent enactments and for the purposes of any order, bylaw or regulation made under the authority of any of the enactments.
The above named officer is hereby appointed to carry into effect the statutory provisions referred to in the Health and Safety at Work Act 1974 which are within the fields of the Blah City Council and may for that purpose exercise powers in sections 20, 21, 22, 25 and 38 of that Act, any health and safety regulation, and, the provisions of the enactment mentioned in Schedule and of the regulations, orders or other instruments of a legislative character made or having under any provision so specified as in force from time to time.

The Warrant refers to the Schedule, the schedule is a list of Legislation that the Warrant can be used for.

EHOs (and others) do have a lot of enforcement powers, however, tact and diplomacy is always required and politeness, costs nothing. The Warrant does give EHOs the right to enter land and premises (but not by force) but it is only polite to knock on someone's door before entering their land/garden.

mo786uk

cardinalbiggles wrote: »

I believe you are indeed correct They also have quite nasty powers to take samples from the premises and you cant stop them!

Trading Standards? You mean food samples? Nothing wrong with that - woudlnt be much use if the retailer coudl stop them!

cardinalbiggles

mo786uk wrote: »

Trading Standards? You mean food samples? Nothing wrong with that - woudlnt be much use if the retailer coudl stop them!

Fertiliser, explosives, spirits, petrol, any goods breaching the various UK consumer laws.

mo786uk

cardinalbiggles wrote: »

Fertiliser, explosives, spirits, petrol, any goods breaching the various UK consumer laws.

Indeed, and nothing wrong with them doing it as far as I can see.

cardinalbiggles

mo786uk wrote: »

Indeed, and nothing wrong with them doing it as far as I can see.

No of course not they need to do their job unhindered (as much as possible) A lot of what Trading Standards do isn't always seen by the public, its a tough job.

Diver2

Many thanks Marylea, that's really appreciated.

So, as an EHO you have powers of entry for investigation under section 19 of the HSWA '74. A quick review of this section and the following section (section 20) is very interesting.

However, these sections apppear (to me at least) to apply to Health and Safety legislation only and could not have been used to enter the OP's premises where the EHO concerns were purely environmental in nature?

Geniunely curious and if you wish to reply by PM (as it's in fact quite a technical discussion) that's fine as well.

Regards

D2

molerat

http://www.legislation.gov.uk/ukpga/1995/25/section/108

An interesting read http://www.bigbrotherwatch.org.uk/BargingIn.pdf

and here http://www.homeoffice.gov.uk/publications/about-us/legislation/powers-entry/primary-powers-entry-csv?view=Binary

Flyboy152

Funkyfarmgirl wrote: »

Can someone tell me if an environmental health officer can walk all over your property without issuing a warrent first?
I live on our family farm my parents own the farm and we have propertly on the farm we have a patch of land like a big hole we call the pool hole nothing has ever been kept in it , now my 21 yr old son has cleared it up and is buying old tractors and parts to do tthe tractors up, today an officer came to my house and said we were dumping scrap metal i went on to tell him they were not scrap metal but my sons hobby and they were owned by us on our property till a time when my son has time for them, he said it looked a mess[ we live in the middle of nowhere and it is off the road] then the officer said well there is household waste there which has to be cleared, i was what? he said an old sink which we just taken out and a roll of wire....{ were a farm how do we keep our animals from roaming on the road.by using wire!]
weas he allowed to do this?

It doesn't matter where you live, you could be living on the top of a mountain, but if your stuff is a threat to the environment, you have to clear it up.

Flyboy152

easyhost wrote: »

Yes they can



you may be in the middle of nowhere off the main road, but old engine/vehicle parts leak oils/fuels, which will seep into the ground and could effect waterways etc.

You would have thought a farmer would have known about that.

Flyboy152

mo786uk wrote: »

It depends on the Act.

Most laws offer protection for homeowners that a warrant is needed - you really need to know what legislation he used to enter your premises. I would have thought they would have to have todl you or given you paperwork

If your premises are classed as business premsies then they will probably have more power.

EHOs are quite powerful though!

And with good reason.