Health & Safety FAQ
Visits by HSE
When can the Health and Safety Executive visit my premises
and what can they do?
Inspectors from the Health and Safety Executive (HSE) or Local
Authority Environmental Health Office have the right to enter any
workplace without giving notice, although notice may be given where
the inspector thinks it is appropriate, to check that you are
complying with health and safety law.
On finding a breach of health and safety law, the inspector will
decide what action to take based on the nature of the breach. The
inspector may offer guidance or advice to help you. They may also
talk to employees and their representatives, take photographs and
samples or may take enforcement action if there is a risk to health
and safety which needs to be dealt with immediately.
To deal with a breach of the law, inspectors may take
enforcement action in several ways:
- Informal: Where the breach is relatively
minor, the inspector may tell the duty holder what to do to comply
and, if asked, write to confirm any advice.
- Improvement notice: Where the breach of the
law is more serious, the inspector may discuss the issue to attempt
to resolve points of difference. Following that, the inspector may
issue an improvement notice to tell the duty holder to do something
to comply with the law. The notice will state what needs to be
done, why and by when.
- Prohibition notice: Where an activity
involves, or will involve, a risk of serious personal injury, the
inspector may serve a prohibition notice prohibiting the activity
immediately or after a specified time period, and not allowing it
to be resumed until remedial action has been taken. The notice will
explain why the action is necessary.
- Prosecution: In some cases, the inspector may
consider that it is also necessary to initiate a prosecution. For
example, a failure to comply with an improvement or prohibition
notice carries a fine of up to £20,000, or six months'
imprisonment, or both. Unlimited fines and, in some cases,
imprisonment may be imposed by higher courts.
During a normal inspection visit, an inspector will expect to
check that employers have arrangements in place for consulting and
informing employees or their representatives about health and
safety matters. Such arrangements are required by law.
Please read legal information.