Consultancy notice

A consultancy notice is a notice ordering an enterprise to seek advice from an authorised health and safety consultant with a view to solving one or more of its health and safety problems. 

The health and safety consultant’s tasks

It is the health and safety consultant’s task to assist the enterprise in solving the health and safety problem(s) subject to the improvement notice.
 
Furthermore, the consultant is to assist the enterprise with a view to strengthening the preventive health and safety activities. The consultant’s job therefore includes assisting the enterprise in incorporating the solving of the specific health and safety problems in its workplace assessment. 

Different types of consultancy notices

Three types of consultancy notices are issued in case of violations of the health and safety legislation: Consultancy  notices issued in case of complex and serious violations, consultancy notices issued in case of many violations and consultancy notices issued in case of repeated violations.
 
In addition, a consultancy notice may be issued to investigate the psychological working environment where there is no violation of the health and safety legislation. 

Many or complex and serious health and safety problems

A consultancy notice may be issued against an enterprise if it has a complex and serious health and safety problem or if it has many health and safety problems.  

Investigation of the psychological working environment

A notice may be issued against an enterprise ordering it to seek the advice of a health and safety consultant to investigate the psychological working environment. Such a notice is issued if the Working Environment Authority has reason to suspect the enterprise of having psychological working environment problems.  

Repeated violations

A consultancy notice may be issued against an enterprise (legal entity) if it has received 15 decisions on violations of the health and safety legislation in at least two different production units.  

Clients

A consultancy improvement notice may be issued against a client who has failed to fulfil his duty to draw up a plan for safety and health.