Page 188 - Profile_Final_Web_Ver_2

B. The Principles for enforcement of regulations
Al Habbai Contracting believes in strong, fair and effective enforce-
ment of health, safety and environmental regulations. It will follow
the following principles:

1. Proportionally

Proportionality which relating enforcement action to the risks.
I. In practice, applying the principle of proportionality means that
Al Habbai Management shall take particular account of how far
the duty holder has fallen short of what the regulations require
and the extent of the risks to people arising from the breach.
II. Where duty holders must control risks so far is reasonably practi-
cable, Al Habbai Management consider protectively measures
taken by duty holders, shall take account of the degree of risk on
the one hand, and on the other the measures necessary to avert
the risk. Unless it can be shown that there is gross disproportion
between these factors and what the risk is insignificant in relation
to the cost, the duty holder must take measures and incur costs
to reduce the risk.
III. Al Habbai Management will expect relevant good practice to
be followed. Where relevant good practice in particular cases is
not clearly established, health and safety regulations effectively
requires duty holders to establish explicitly the significance of the
risks to the determine what action needs to be taken.
IV. Some irreducible risks may be so serious that they cannot be
permitted irrespective of the consequences.

2. Consistency:
I. Consistency of approach does not mean uniformity. It means
taking a similar approach in similar circumstances to achieve
similar ends.

II. Duty holder managing similar risks expect a consistent approach
from Al Habbai Management in the advice tendered the use of
enforcement notices, approvals and in the response to incident.
III. Al Habbai recognizes that in practice consistency is not a simple
matter. Inspector face with many variable including the degree
of risk, the attitude and competence of management, any
history of incidents or breaches involving the duty holders, previ-
ous enforcement action, and the seriousness of any breach,
which include any potential of actual harm arising from a
breach of regulations. Decisions on enforcement action are
discretionary by the enforcer.
IV. Al Habbai Contracting Shall have arrangement in place to
promote consistency in the exercise of discretion, including
effective arrangements for liaison with other enforcing authori-
ties.
188