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Health and safety law is enforced by HSE inspectors and, for some workplaces such as shops, offices and leisure premises, by local authority environmental health officers. Construction sites are enforced by HSE. Understanding what inspectors can do, and what the different notices mean, helps managers respond properly and avoid making things worse.
Inspectors’ powers
Under section 20 of the Health and Safety at Work etc. Act 1974, inspectors can:
- Enter premises at any reasonable time, or at any time if they believe there is a dangerous situation
- Bring a police officer if they expect to be obstructed
- Examine, investigate, take measurements, photographs and samples
- Require an area or equipment to be left undisturbed
- Take possession of articles and substances
- Require people to answer questions and sign a declaration
- Inspect and copy documents
Improvement notice or prohibition notice?
| Improvement notice | Prohibition notice | |
|---|---|---|
| When issued | When the inspector believes the law is being broken | When an activity involves, or will involve, a risk of serious personal injury |
| Effect | Requires the problem to be put right within a set period, of at least 21 days | Stops the activity immediately, or from a set time, until it is put right |
| Appeal | To an employment tribunal within 21 days. The notice is suspended while the appeal is heard. | To an employment tribunal within 21 days. The notice stays in force unless the tribunal decides otherwise. |
| Typical example | No suitable COSHH assessment for products used on site | Unprotected edge on a scaffold, or an unsupported deep trench |
Ignoring a notice is a criminal offence. Notices are also published on HSE’s public register, where clients and competitors can see them.
Fee for Intervention
Where an HSE inspector finds a material breach of health and safety law, the business must pay for HSE’s time spent identifying it and helping put it right, including investigating and taking enforcement action. The fee is charged at an hourly rate set by HSE. A material breach is one serious enough for the inspector to write to the business, or to serve a notice. Businesses can query or dispute an invoice.
Prosecution and penalties
- Most health and safety offences can lead to unlimited fines, and some to imprisonment for individuals.
- Sentencing guidelines link fines to the seriousness of the harm risked, the culpability of the business and its turnover, so large organisations can face very large fines.
- Directors and managers can be prosecuted personally where an offence was committed with their consent or connivance, or was attributable to their neglect.
- Where gross failings by an organisation cause a death, it can be prosecuted for corporate manslaughter.
What to do when an inspector visits
- Be cooperative and polite, and make the right people available.
- Accompany the inspector and take notes of what is discussed and any areas or equipment they look at.
- If they identify a serious risk, stop the activity straight away. Do not wait for a notice.
- Ask questions if anything is unclear, including what is expected and by when.
- Act on what they find and keep records of what you have done.
- Take advice before appealing a notice or responding to a Fee for Intervention invoice you disagree with.
Training that helps
Directors can learn about their personal responsibilities on the CITB Directors’ Role for Health and Safety course. IOSH Managing Safely and the NEBOSH National General Certificate both cover enforcement and the consequences of failure. Our guide to who is responsible for health and safety explains duties across an organisation.
Where this fits in SMSTS and SSSTS
Inspectors’ powers and the types of enforcement notice are tested on both papers. Our free SMSTS mock test and SSSTS mock test let you check your knowledge before the course or a refresher, and you can email yourself the results sheet at the end.
When you are ready, the five day SMSTS course is for site managers and the two day SSSTS course is for supervisors. If your certificate is due, the SMSTS refresher and SSSTS refresher keep it current.
Frequently asked questions
What is the difference between an improvement notice and a prohibition notice?
An improvement notice requires a breach to be put right within a set period of at least 21 days. A prohibition notice stops an activity that involves a risk of serious personal injury, immediately or from a set time.
Can you appeal an HSE notice?
Yes, to an employment tribunal within 21 days. An improvement notice is suspended during the appeal; a prohibition notice stays in force unless the tribunal directs otherwise.
What is Fee for Intervention?
A charge for HSE’s time when an inspector finds a material breach of health and safety law, covering the work to identify it and help put it right.
Can directors be prosecuted personally?
Yes, where an offence by the company was committed with their consent or connivance, or was attributable to their neglect.
Read the source
The Health and Safety at Work etc. Act 1974, sections 20 to 24, 33 and 37; the Health and Safety (Fees) Regulations 2012; the Corporate Manslaughter and Corporate Homicide Act 2007; HSE’s Enforcement Policy Statement; and the Sentencing Council definitive guideline for health and safety offences. Facts checked on 6 October 2026.
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