What to expect when an
inspector calls
Information for business about
what to expect when a health and safety inspector calls.
Inspections
Although we try to inspect premises at suitable times the inspector
has the authority to enter any work place without giving notice. On
a normal inspection an inspector wants to see the workplace, the
work activities, management practices and procedures. He/she may
talk to employees, their representatives or other persons connected
to your activity. They may take photographs and samples if they
feel this is necessary. Where there is risk to health and safety,
the inspector may take immediate action to deal with that risk.
Enforcement
We enforce the Health and Safety at Work etc Act (1974) and the
numerous Regulations that it enables. Section 18 of the Act
requires a formalised, fair, proportionate and risk based approach
to enforcement.
If an inspector finds a problem or a breach of legislation he/she
may deal with it in one of several ways. The action taken will
depend on the severity of the breach and any action taken will be
based on the principles set out in our Enforcement Policy
Statement.
Inspectors 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. The actions available to an inspector
when investigating a breach of legislation are in most cases:
- Information and advice, both face to face and in writing.
Business owners may just need help; inspectors may provide
leaflets, links to useful websites, translation of relevant
information, guidance, etc.
- Warnings both face to face and in writing (informal letter/
notice). This may include warning a duty holder that in the opinion
of the inspector, they are failing to comply with the law. This
action is taken where the breach of law is relatively minor. The
inspector will write to confirm any advice and to distinguish legal
requirements from best practical advice.
- Serve improvement notices which are statutory, time limited and
mandatory and can be disputed at Industrial Tribunal. The notice
will tell the responsible person to do something to comply with the
law. The inspector will discuss the notice and if possible resolve
issues before serving it. The notice will explain what needs to be
done, why and by when. The person responsible must either comply
with the notice or appeal within 21 days to an Employment
Tribunal.
- Serve prohibition notices, which stop work activity in order to
prevent serious personal injury. Where a work activity involves or
will involve a serious risk to personal injury, the inspector may
serve a prohibition notice stopping the activity immediately or
after a specified time period. The activity will not be allowed to
resume until after remedial action has been taken. Although a
prohibition notice can be appealed, the work activity must remain
stopped until after the Tribunal.
- Issue formal cautions (England and Wales only), usually along
with serving an improvement or prohibition notice. A formal caution
is a statement by an inspector that is accepted in writing by the
duty holder, stating they have committed an offence for which there
is a realistic prospect of conviction.
- Prosecution in some cases may be considered necessary where
other means such as an improvement notice has failed or where an
inspector believes the danger is so great the offender should have
been aware and taken steps to prevent it. Newman's Prosecution
Register can be accessed if required.
- Seizure may be considered where evidence for a breach can be
taken to prevent it happening further or to assist a prosecution
case.