Legal advice: Best practice for an EHO's visit
Environmental Health Officers (EHOs) can demand entry to premises carrying out business functions "at all reasonable times" and without prior warning. Refusing entry is an offence and carries a fine if prosecuted.
At all reasonable times means whenever it is reasonable for the business. If it operates 24/7 then an inspection at any time, day or night, would be reasonable. Weekends, evenings and nights would be reasonable if the business trades at these times.
Expert advice
It is best to be prepared with a plan of action. The most important action is to have someone to deal with them who knows the business, is familiar with practices and procedures and who carries an air of 'authority'.
If an EHO can receive credible answers to their questions then they may be satisfied that as a business, you are aware of your responsibilities and are trying to carry them out diligently, even if things are not perfect.
Understand some of the critical things an EHO wants to see - they are there after all to ensure that you are complying with the law.
Food safety & hygiene
Have up-to-date, readily available documentation for the following:
- HACCP system
- temperature control records
- fridge/freezer temperature checks
- hot food temperature checks
- stock control systems i.e. day dots, 'use-by' dates etc
- cleaning schedules
- staff training records
- delivery checks.
If your records are not up to date, explain why - perhaps you've been short staffed. Doing something is better than doing nothing.
Health & safety
Have the following readily available:
- company health & safety policy statement
- company health & safety manual
- risk assessments
- COSHH assessments
- training records
- accident book/records
- internal safety checks
- maintenance records for equipment e.g. lifts, electrical appliances.
During the inspection
Accompany the inspector during their inspection. Ask what they are writing in their notebook, what they think is not good enough and how they would like to see it improved. Ask whether they will be writing to you informally or formally. Don't argue about a point but explain your position. Make notes for yourself about what you see. Inform higher management if necessary.
The EHO can:
- take photos
- check documents
- seize documents, products, articles or items
- take samples.
Make sure you have exact details of what they have and why they want it.
What action could the EHO take?
The EHO could:
- give you informal, verbal advice
- leave you with an inspection report
- write to you informally
- serve you with legal notices
- prosecute for offences noted.
