Question

Referring to the principles pf proportionality, targeting and consistency of approach within the enforcement policy statement. what will the enforcement agency have considered when deciding on this enforcement action? NEBOSH DIPLOMA

Answer 1

When deciding on an enforcement action, an enforcement agency would consider the following:

1. Proportionality: The enforcement agency would ensure that the action taken is proportional to the seriousness of the offense. The action taken should not be more severe than necessary to achieve the desired result. The agency will consider the gravity of the offense, the harm caused, the culpability of the offender, and the public interest in taking action.
2. Targeting: The enforcement agency would ensure that the action taken is directed at the appropriate offender. The agency will consider factors such as the risk posed by the offender, their previous conduct, the level of cooperation with the agency, and the need to deter others from committing similar offenses.
3. Consistency of approach: The enforcement agency would ensure that the action taken is consistent with its policies and previous enforcement actions. The agency will consider the nature of the offense, the context in which it was committed, and any relevant aggravating or mitigating circumstances.

Overall, the enforcement agency will need to balance the principles of proportionality, targeting, and consistency of approach when deciding on an enforcement action. It will need to take into account all relevant factors and circumstances and ensure that the action taken is both fair and effective in achieving its enforcement objectives.

Answer 2

The enforcement agency will consider the objectives of the enforcement policy statement, the nature and severity of the alleged breach, the level of harm or potential harm caused or likely to be caused by the alleged breach, any mitigating or aggravating factors present, the resources available to the agency, the need for consistency in enforcement action, the likelihood of success and any other relevant considerations before deciding on an enforcement action.