Legal advice: How to prepare for an EHOs visit

Related tags Food Food safety

HERE IS advice for preparing for a visit from an enviornmental health officer (EHO) or other enforcing authority.The problemAn EHO visited a pub and...

HERE IS advice for preparing for a visit from an enviornmental health officer (EHO) or other enforcing authority.

The problem

An EHO visited a pub and carried out an inspection. No-one on duty knew what to do and the staff were unable to provide the answers to management questions. The first time the general manager knew about the visit was when he received statutory notices in the post for food hygiene and health and safety offences.

The law

EHOs and other enforcing authority officers - trading standards and fire officers, for example - can demand entry to premises carrying out business functions at all reasonable times and without any prior warning or notification. Refusing entry to an authorised officer is an offence and carries a fine if a prosecution goes ahead.

"At all reasonable times" means whenever it is reasonable for the business. If the business 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 were trading at these times.

Officers have powers to inspect premises under food safety, health and safety, fire safety, consumer

protection and environmental protection legislation. In certain circumstances they may demand entry under housing legislation. Officers also now have rights of entry under licensing law and smoke-free legislation.

Expert advice

An EHO, trading standards or fire officer can arrive to inspect premises without notice. So it is best to be prepared with a plan of action.

The most important action is to have someone deal with them who knows the business, is familiar with practices and procedures and who carries an air of authority. If the EHO receives credible answers to his/her 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 and 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, that is day dots, use-by dates and so forth
cleaning schedules
staff training records
delivery checks.

If records are not up to date explain why - perhaps you've been short staffed. Doing something is better than doing nothing.

Health and safety

Have the following readily available:

health and safety policy statement
health and safety manual
risk assessments
COSHH assessments
training records
accident book/records
internal safety checks
maintenance records for equipment such as lifts and electrical appliances.

What to do 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 formally or informally.

Don't argue about a point but explain your position. Make notes for yourself about what you see. Inform higher management if you have them.

The EHO can: