Enforcing Health & Safety Law

On finding a breach of health and safety law, the inspector will decide what action to take. The action will depend on the nature of the breach, and will be based on the principles set out in HSE'sEnforcement Policy. The inspector should provide employees or their representatives with information about any action taken, or which is necessary for the purpose of keeping them informed about matters affecting their health, safety and welfare.

Inspectors may take enforcement action in several ways to deal with a breach of the law. In most cases these are:

Informal

Where the breach of the law is relatively minor, the inspector may tell the dutyholder, for example the employer or contractor, what to do to comply with the law, and explain why. The inspector will, if asked, write to confirm any advice, and to distinguish legal requirements from recommendations.

Improvement notice

Where the breach of the law is more serious, the inspector may issue an improvement notice to tell the dutyholder to do something to comply with the law. The inspector will discuss the improvement notice and, if possible, resolve points of difference before serving it. The notice will say what needs to be done, why, and by when. The time period within which to take the remedial action will be at least 21 days, to allow the dutyholder time to appeal to an Employment Tribunal if they so wish (see 'Appeals' below). The inspector can take further legal action if the notice is not complied with within the specified time period.

Prohibition notice

Where an activity involves, or will involve, a risk of serious personal injury, the inspector may serve a notice prohibiting the activity immediately or after a specified time period. This prohibition notice will not allow it to be resumed until remedial action has been taken. The notice will explain why the action is necessary. The dutyholder will be told in writing about the right of appeal to an Employment Tribunal (see 'Appeals' below).

Prosecution

In some cases the inspector may consider that it is also necessary to initiate a prosecution. Decisions on whether to prosecute are informed by the principles in HSE's Enforcement Policy Statement. Health and safety law gives the courts considerable scope for punishing offenders and deterring others. For example, a failure to comply with an improvement or prohibition notice, or a court remedy order, carries a fine in line with the sentencing guidelines, or imprisonment, or both. 

Appeals

A dutyholder will be told in writing about the right of appeal to an Employment Tribunal when an improvement or prohibition notice is served. The appeal mechanism is also explained on the reverse of the notice. The dutyholder will be told how to appeal, and given a form with which to appeal and where and within what period an appeal may be brought; and that the remedial action required by an improvement notice is suspended while an appeal is pending.

Information to employees or their representatives

During a normal inspection visit, an inspector will expect to check that those in charge (employers) have arrangements in place for consulting and informing employees or their representatives (safety representatives) about health and safety matters. Such arrangements are required by law.

An inspector will meet or speak to employees or their representatives during a visit, wherever possible, unless this is clearly inappropriate because of the purpose of the visit. When they meet, employees or their representatives should always be given the opportunity to speak privately to the inspector, if they so wish.

The inspector will provide employees or their representatives with certain information where necessary for the purpose of keeping them informed about matters affecting their health, safety and welfare. This information relates to the workplace or activity taking place there, and action which the inspector has taken or proposes to take. The type of information that an inspector will provide includes matters they consider to be of serious concern and details of any enforcement action taken by the inspector. They will also make clear any intention to prosecute the business (but not before the dutyholder is informed).

Depending on the circumstances, the inspector may provide this information orally or in writing.

Complaints

Details on 'what to expect when an inspector calls' can be found on theHealth and Safety Executive (HSE) website. (opens new window)

If you have a complaint that these procedures have not been followed then you can contact the inspector's manager to discuss the matter. If the inspector is from a local authority you can contact the inspector's manager and ask for your complaint to be investigated. If you are still not satisfied you can use the local authority's formal complaint's procedure. In cases of maladministration you can also make a complaint to the Local Government Ombudsman in England, Scotland or Wales.