HSE Visit or Enforcement Notice: What It Means and What to Do Next

HSE inspectors can enter workplaces, examine and investigate, take photographs, measurements and samples, and ask for information and documents. What happens next depends on what they find.

Verbal or written advice

The inspector points out something to improve. This is not formal enforcement action, but they may check later that you've acted.

Notification of Contravention

A letter setting out a material breach of the law. It usually also means HSE will charge you for the time spent dealing with it under Fee for Intervention.

Fee for Intervention

Where HSE finds a material breach, it can recover the cost of its time from the business at an hourly rate. Check HSE's website for the current rate.

Improvement notice

Requires you to fix a breach within a set period, at least 21 days. You can appeal to an employment tribunal; an appeal normally suspends the notice until it's decided.

Prohibition notice

Stops an activity that involves a risk of serious personal injury, either immediately or from a set date. An appeal does not stop a prohibition notice taking effect unless the tribunal directs otherwise.

Prosecution

For serious breaches, HSE can prosecute. If prosecution is possible, get legal advice straight away.

1. Read the notice carefully: Check which breach is identified, what's required and when action must be completed.
2. Diary every deadline: Record the deadline for complying with the notice and the deadline for any appeal.
3. Stop prohibited work: If it's a prohibition notice that takes effect immediately, stop the activity straight away and make sure everyone affected knows.
4. Keep clear records: Record what was said, the actions you take and when each action happens.
5. Investigate the root cause: Look beyond the immediate problem the inspector identified to understand why it happened.
6. Make the changes and keep evidence: Take photographs and retain revised risk assessments, training records and other proof of the fix.
7. Update the inspector where required: If the notice or letter asks you to, explain what you've completed and provide the supporting evidence.
8. Decide promptly whether to appeal: Get advice quickly if you're unsure about challenging a notice.
9. Check notification obligations: Find out whether you must inform your insurer, clients or accreditation scheme.
10. Use the findings to improve: Review similar risks and arrangements elsewhere in the business.

Enforcement action can come up in CHAS, Constructionline and other prequalification questions. Being able to show what went wrong, what you changed and the evidence of it is what assessors look for. See what assessors expect for accidents and enforcement evidence.

This guide is general information, not legal advice. If you're facing prosecution or considering an appeal, take legal advice.

Sources: HSE enforcement guidance and HSE Fee for Intervention guidance.