What Happens When an HSE Inspector Calls
The inspector will look at how you keep your workforce, and anyone else who may be affected by your work activities, healthy and safe. They may also give you advice on health and safety matters or look to ensure that you are providing suitable welfare facilities, such as running hot and cold water and toilets.
During the inspectors visit, they may:
The inspector will want to know about:
The inspector may also talk to you about things like any particular safety standards, guidance and everyday practices that apply to your industry.
Your Employees
The inspector will more than likely want to talk to your employees or their representatives during the visit.
What if the Inspector finds something wrong?
The inspector may take action if they find you’re breaking the law during the visit. They may also instruct you to stop a dangerous activity in your workplace immediately.
After the visit
After the inspector has finished looking round your workplace, they might:
Advice
The inspector may give you advice, verbally or in writing, about some improvements you could make to health and safety in your workplace. This advice is free.
Notification of contravention
A notification of contravention (NoC) is a document or letter that tells you about health and safety laws / legislation you’ve broken. It also explains how you’ve broken them. A NoC will tell you what you need to do to stop breaking the law.
The inspector will only give you a NoC if they think you are in ‘material breach’ of the law. This means the inspector thinks you have broken the law seriously enough for them to write to you about it. If the inspector gives you a NoC, you’ll have to pay for the cost of the visit – (Fee for Intervention).
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Recovering our costs – fee for intervention
If they give you a notification of contravention you will have to pay a fee. This is called a ‘fee for intervention’ (FFI).
How much could this cost me?
HSE’s hourly recovery rate under Fee for Intervention in 2024/25 has been increased from ￡166 to ￡174 from 1st April 2024. Businesses found to be in material breach of health and safety law will be charged at this new rate.
The fee will include the costs for the time of the entire original visit. It may also include time:
The fee can vary and will depend on:
Improvement notice
An improvement notice will tell you:
The Inspector will give you at least 21 days to make any changes and rectify what is wrong. You will be committing a criminal offence if you don’t make the changes in the time they give you.
Prohibition notice
You may be issued with a prohibition notice if there is an immediate risk of serious personal injury now or in the future.
A prohibition notice orders you to stop doing something until you have made it safe to continue. You will be committing a criminal offence if you don’t comply with a prohibition notice.
Prosecution
The HSE or Local Authority can prosecute you for breaking health and safety laws or for failing to comply with an improvement notice or a prohibition notice. The courts can fine you or in some cases send you to prison.
If you would like any further information or require help, guidance or assistance following a visit from an Inspector, please contact Spectra and one of our experienced Consultants will be happy to help.
Very informative article. I don't think enough people are aware of the consequences of getting things wrong even if it hasn't resulted in an accident / incident or ill health.