What Happens When an HSE Inspector Calls

During the visit

The HSE 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 HSE inspectors visit, they may:

• enquire about your workers and what they do
• look to identify any possible health risks arising from the work activities you are undertaking
• look at any processes, plant, machinery or other equipment that you have
• request to see evidence of records or other documents
• take photographs 

The HSE inspector will want to know about:

• the main health and safety issues in your workplace
• your own knowledge or experience of health and safety

The HSE 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 HSE 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 HSE 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 HSE inspector has finished looking round your workplace, they might:

• offer advice (either verbal or in writing)
• give you a notification of contravention
• give you an improvement notice
• give you a prohibition notice
• prosecute you for breaching health and safety laws.

Advice

The HSE 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 HSE 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). 

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 1^st 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:

• at your business or workplace
• preparing reports
• getting specialist advice
• talking to you after the visit
• talking to your workers

The fee can vary and will depend on:

• how long the original visit was
• the time spent helping you put things right
• the time it took to investigate your case
• any time we spend on taking action against you.

Improvement notice

An improvement notice will tell you:

• what’s wrong
• any changes you need to make to put things right
• how long you have to make those changes

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.