Actions a Health and Safety inspector may take
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HSE Inspections and Notices: What You Need to Know
When they visit you, the HSE inspector may advise you verbally or in writing about improvements you could make to health and safety in your workplace. This advice is free of charge. If they find issues, they have a few options for addressing them.
Notification of Contravention (NoC)
A Notification of Contravention (NoC) is a document or letter that informs you about your broken health and safety laws and explains how you have broken them. It will also tell you what to do to comply with the law. The inspector will issue a NoC only if they believe you are in a 'material breach' of the law, meaning the breach is serious enough to warrant a formal notice. If you receive a NoC, you will have to pay for the cost of the visit.
Improvement Notice
An improvement notice will tell you what’s wrong, what changes you need to make to fix it, and how long you have to make those changes. You will be given at least 21 days to make the necessary changes. Failure to comply within the given timeframe is a criminal offence.
Prohibition Notice
You may receive a prohibition notice if there is a risk of serious personal injury now or in the future. For example, if people are working on a roof with unsafe scaffolding. A prohibition notice orders you to stop a specific activity until it is made safe. Ignoring a prohibition notice is a criminal offence.
Prosecution
The HSE can prosecute you for breaking health and safety laws or failing to comply with an improvement or prohibition notice. The courts may impose fines or, in some cases, a prison sentence.
Challenging HSE Decisions
If you disagree with the HSE’s decision, you can challenge it. They will always inform you how to do this. It is worth contacting your inspector or their manager before starting any formal dispute, as they may be able to review the decision.
Fee for Intervention (FFI)
If you receive a notification of contravention, you will have to pay a 'fee for intervention' (FFI). The fee will cover the costs for the time of the original visit and may include time spent:
- At your business or workplace
- Preparing reports
- Getting specialist advice
- Talking to you after the visit
- Talking to your workers
The fee can vary depending on the duration of the original visit, the time spent helping you comply, the time to investigate your case, and any action taken against you. Invoices are typically issued in January, March, May, July, September, and November. You must pay any invoice within 30 days.
Disputing an FFI Invoice
If you disagree with your invoice, you can query it with the FFI invoice dispute team at no cost. If you remain unsatisfied with the response, you can formally dispute the invoice in writing. An independent disputes panel will review your case and inform you of the outcome.
For more information, visit the HSE website.
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