The Health and Safety Executive (HSE) enforces health and safety regulations. They can carry out inspections in most work premises, including construction sites, factories and warehouses.
HSE inspections are carried out by HSE inspectors. These are health and safety experts, employed by the HSE to check workplaces comply with the law. Inspections may be proactive, for example, as part of a health and safety initiative. They may also be reactive, for example, following a complaint or accident. To carry out their work, HSE inspectors have a number of legal powers, or rights. These powers are given to them by the Health and Safety at Work etc. Act 1974.
The HSE inspector can:
- Enter your premises
- Examine and investigate
- Stop work
- Take samples, measurements and photographs
- Dismantle and remove articles and substances
- Take possession of articles and substances
- Question you
- Review, take copies of and require the production of, books or documents
- Caution you
- Issue enforcement notices
- Initiate prosecutions
Following an inspection, there are a number of actions available to the HSE inspector. They may decide on one or more of these actions, depending on the issues found:
- No action
- Verbal advice
- Written advice
- Formal caution
- Improvement notice
- Prohibition notice
- Prosecution
The power to enter your premises
In order to carry out their duties, HSE inspectors need to be able to inspect. Therefore, they have the power to enter your premises or workplace. Usually, this visit will be at any reasonable time, such as during normal work hours. However, if the inspector believes the workplace may be dangerous, they can enter at any time.
At any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time) to enter any premises which he has reason to believe it is necessary for him to enter:
Health and Safety at Work etc. Act 1974 – HSE inspectors don’t need your permission to enter. If they believe they may be obstructed, they can be supported by the police.
The power to examine and investigate
Once inside the premises, HSE inspectors have the power to examine and investigate. Any part of the premises, any equipment, and any article or substance.
The power to stop work
The HSE inspector has the power to stop work. This may be temporary, while they carry out the inspection.
As regards any premises which he has power to enter, to direct that those premises or any part of them, or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation:
Work may also be stopped for longer periods. The HSE inspector also has the power to dismantle and remove equipment, which may prevent work from continuing. They can also issue prohibition notices, legally stopping work from continuing.
Please see Health and Safety at Work etc. Act 1974 Powers of inspectors for more information.
