When can the HSE inspect or prosecute an employer?
HSE inspectors can enter without warning, demand evidence and stop dangerous work. Here is what those powers mean for you, and how to report an unsafe workplace.
An employer does not have to injure someone before the Health and Safety Executive can act. HSE inspectors have powers to enter workplaces, investigate breaches of health and safety law and stop dangerous work. If your next shift puts you at risk, you can report the danger now.
- No injury
- needed before inspectors can act
- Stop work
- prohibition notices can stop dangerous activities
- 21 days
- notice appeal window, starting on the date sent
- 2 years
- maximum prison term for main offences on indictment
What powers do HSE inspectors have?
Under section 20 of the Health and Safety at Work etc. Act 1974 (HSWA), an appointed inspector can investigate without an appointment or court warrant. Their powers include:
- Entry without warning. They can enter premises they have reason to believe it is necessary to enter for enforcement at any reasonable time. If they think a situation is or may be dangerous, they can enter at any time.
- Inspecting the work and equipment. They can examine the workplace, take measurements, photographs and samples, and have dangerous articles or substances tested or dismantled.
- Securing evidence. They can require a scene or item to be left undisturbed and seize articles or substances as evidence.
- Requiring documents and answers. They can demand relevant books and records, reasonable assistance and answers from someone they reasonably believe has relevant information. Legal professional privilege still applies to documents.
- Removing an immediate danger. Under section 25, they can seize and render harmless an article or substance they reasonably believe causes imminent danger of serious personal injury. A constable can accompany an inspector if serious obstruction is expected.
An inspector can require answers and a signed declaration that they are true. Answers compelled under section 20 cannot be used in evidence against that person or their spouse or civil partner. This is not immunity for everything said during a visit. Obstructing an inspector is a separate criminal offence.
What is the role of the Health and Safety Executive?
The HSE’s role is to prevent work-related injury and ill health in England, Wales and Scotland through guidance, research, inspections and enforcement. It is not the regulator for every workplace, and it does not cover Northern Ireland.
Section 18 HSWA requires enforcing authorities to make adequate arrangements for enforcement. Inspectors use the Enforcement Management Model to decide their response. HSE policy calls for proportionality, targeting, consistency, transparency and accountability. That does not guarantee an inspection whenever a worker reports danger.
What health and safety laws does the HSE enforce?
The main law is the Health and Safety at Work etc. Act 1974. Inspectors also enforce regulations dealing with particular hazards, including work equipment, protective equipment and safety training.
Section 2 requires employers to ensure employees’ health, safety and welfare at work, so far as is reasonably practicable. Under section 3, they must also conduct their business without exposing non-employees, including contractors, visitors and the public, to health and safety risks, so far as is reasonably practicable.
There is no general “HSE compliance certificate” that proves your workplace is safe. Risk assessments must lead to action, training must fit the job and equipment must be maintained. A folder of paperwork is not a substitute for controlling the danger. See our guide to employers’ health and safety duties and wider employer obligations.
Who enforces health and safety law: HSE or the council?
The enforcing authority usually depends on the workplace’s main activity, under the Health and Safety (Enforcing Authority) Regulations 1998. An office attached to a factory is not necessarily treated like a standalone office.
| Workplace or jurisdiction | Enforcing authority |
|---|---|
| Factories, farms, construction sites, mines and quarries, hospitals, schools and colleges, utilities, offshore installations and government premises in GB | HSE |
| Standalone non-government offices, shops, hotels, restaurants, pubs and clubs, leisure premises, nurseries and sheltered accommodation in GB | Local authority environmental health |
| Railways and certain other specialist sectors | Specialist regulator, such as the Office of Rail and Road |
| Northern Ireland | HSENI or the local council, depending on the workplace |
Check HSE’s enforcing-authority guide before reporting a concern. In Northern Ireland, HSENI’s complaint guide lists the workplaces it covers and those assigned to councils.
Scotland uses the same HSWA and broadly the same enforcement split. The difference is prosecution. HSE investigates and reports to the Crown Office and Procurator Fiscal Service, or COPFS, which decides whether to prosecute. Local-authority cases also go through the Scottish prosecution system. HSE simple cautions are an England-and-Wales option, not a Scottish one.
Northern Ireland’s powers come from the Health and Safety at Work (Northern Ireland) Order 1978. Notices are appealed to an industrial tribunal, not the GB employment tribunal. Do not use HSE’s GB reporting form for a Northern Ireland workplace. Our Northern Ireland guide explains the wider differences.
HSE inspections: when can inspectors visit and what happens?
An HSE inspection can follow a worker’s complaint, a serious incident, a report under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), or planned work in high-risk sectors such as construction, manufacturing, agriculture and waste. No accident or complaint is needed before an inspector can visit.
During a visit, inspectors can examine the work, equipment and records, question people with relevant information and gather evidence using the powers above. Records may include risk assessments, training records, maintenance logs, accident records and RIDDOR reports. The point is whether the risks are controlled, not whether your employer can produce a policy.
Not every report results in an inspection. HSE assesses concerns by risk and decides what action to take. RIDDOR reporting is a duty of the responsible person, often the employer or person controlling the premises. It is not a substitute for a worker reporting an unsafe workplace.
What HSE enforcement action can follow a safety breach?
A visit can lead to advice, a written warning, an improvement notice requiring a breach to be fixed, a prohibition notice stopping dangerous work, or an investigation for prosecution. These are not steps the HSE must take in order. Notices and prosecution can overlap. A material breach can also bring a Fee for Intervention bill.
An unguarded slicer in a kitchen, unsafe transfers on a care shift, dangerous vehicle movements in a warehouse or cleaning chemicals without safe controls are risks worth describing in a report. Name the task, the danger and who is exposed. A failure to control a risk can be acted on before anyone is injured.
In 2024/25, HSE completed 246 prosecutions with a 96% conviction rate and served over 4,400 notices. Courts imposed fines totalling over £33 million, according to its annual report. Those figures describe enforcement, not your chance of securing a visit or winning a case.
HSE enforcement notices: improvement or prohibition?
An improvement notice requires a breach to be fixed. A prohibition notice stops an activity risking serious personal injury. These are binding requirements, not suggestions. Breaching a notice is itself an offence under section 33(1)(g).
| Question | Improvement notice | Prohibition notice |
|---|---|---|
| What triggers it? | The inspector believes a legal provision is being breached, or has been breached in circumstances making repetition likely | The inspector believes an activity involves, or will involve, a risk of serious personal injury. No legal breach is required |
| What must the recipient do? | Remedy the breach within the stated period, which cannot expire before the appeal window ends | Stop the specified activity until the matters giving rise to the risk have been remedied. The notice may take effect immediately or after a stated period |
| Does an appeal suspend it? | Yes, automatically | No, unless the tribunal directs suspension on application |
| Example | An inadequate warehouse risk assessment must be remedied within 28 days | Work at an unprotected roof edge must stop immediately |
The tests are in section 21 and section 22. A prohibition notice can cover an activity that has not yet started. It stops the specified activity rather than automatically closing the business, but if that activity is the site’s whole operation, the practical result can be a shutdown.
What if your employer appeals an HSE notice?
The notice recipient can appeal to an employment tribunal under section 24. It can cancel or affirm the notice, with or without changes. Under regulation 14A, the appeal must arrive before the end of the 21-day period beginning with the date the notice is sent. Posting it on the last day is not enough. A late appeal is possible only if presentation in time was not reasonably practicable and it is then presented within a further period the tribunal considers reasonable. Rule 103 of the Employment Tribunal Procedure Rules 2024 governs the procedure.
An appeal suspends an improvement notice until the appeal is disposed of or withdrawn, but it does not suspend the employer’s underlying safety duties. A prohibition notice stays in force unless the tribunal grants suspension on application. “We’ve appealed” is not permission to restart prohibited work. If the tribunal changes the notice, its terms and dates apply; the recipient cannot assume a fresh period begins.
Example: two notices sent on 1 October
A joinery firm receives an immediate prohibition notice for unguarded saws and an improvement notice for dust extraction, with a compliance date of 25 November. Both are sent on 1 October 2026, so the ordinary appeal window ends on 21 October. The firm’s appeals reach the tribunal on 15 October. The improvement notice is suspended. The saws must remain off unless the tribunal suspends the prohibition notice or the matters causing the risk are remedied. Filing an appeal is not permission to restart.
Does HSE charge employers for enforcement?
Yes, where HSE identifies a material breach: one serious enough to require formal written notification requiring action. Fee for Intervention (FFI) recovers HSE’s intervention time under the Health and Safety and Nuclear (Fees) Regulations 2022. It is not a fine, does not pay for repairs and does not compensate you.
The rate is £188 per hour from 1 April 2026, covering the original visit and associated work. Advice without a material breach does not attract FFI. HSE need not serve a notice to charge. FFI applies to HSE enforcement, not local-authority enforcement. A recipient can query and then dispute the invoice through HSE’s procedure, including an independent panel. That does not appeal a notice.
Example: a bill does not fix the danger
HSE finds a material breach in a workshop’s dust controls. A 3-hour visit, 1.5-hour follow-up and 2 hours on the notice and paperwork total 6.5 hours. At £188 per hour, that is 6.5 × £188 = £1,222. The employer must still pay for repairs. Any court fine or prosecution costs are separate.
Health and safety prosecutions: when can an employer face court?
Death or serious injury, reckless disregard for safety, repeated or wilful non-compliance, breach of a notice and obstruction can all lead to prosecution. Nobody has to be injured for an offence to be prosecuted. The failure to control the risk can be enough. In England and Wales, HSE or the relevant local authority brings cases. In Scotland, the decision rests with COPFS.
Crown bodies cannot be prosecuted under the HSWA. HSE can instead issue a published Crown censure, but individual Crown employees can be prosecuted. HSE publishes enforcement notices and convictions in its public registers; the convictions register covers five years.
Schedule 3A HSWA sets different maximum penalties for different offences. For breaches of sections 2 to 6, health and safety regulations and enforcement notices, the main limits are as follows. Prison terms apply to individuals, not companies. Older offences can have different limits.
| Jurisdiction and trial | Maximum prison term | Maximum fine |
|---|---|---|
| England and Wales, magistrates’ court | 12 months | Unlimited |
| England and Wales, Crown Court | 2 years | Unlimited |
| Scotland, summary proceedings | 12 months | £20,000 |
| Scotland, on indictment | 2 years | Unlimited |
Courts can impose imprisonment, a fine or both where the offence permits. England and Wales removed the £20,000 summary fine cap for these offences from 12 March 2015. That change did not extend to Scotland. Obstruction is a separate, summary-only offence. Northern Ireland has its own penalties under the 1978 Order, so do not apply this GB table to an NI case.
Section 37 can make a director, manager or similar officer personally guilty alongside the company if its offence occurred with their consent or connivance, or was attributable to their neglect. Section 40 places the burden on the accused to show that doing more was not reasonably practicable where that qualification applies. Seniority alone does not establish personal guilt, but delegating safety work does not necessarily remove responsibility.
In England and Wales, courts use the Sentencing Council’s organisational guideline, effective from 1 February 2016. Turnover, culpability and the risk of harm determine the starting point. The court then considers adjustments, financial circumstances and any guilty-plea credit. Prosecution costs are separate. For very large organisations, the court may go outside the large-company ranges to reach a proportionate fine; there is no rule that fines must normally exceed £10 million.
Example: a £15 million-turnover warehouse company
Suppose a company is convicted of a section 2 breach and the court assesses medium culpability and harm category 2. Its £15 million annual turnover puts it in the medium-organisation band. The guideline starting point is £240,000, with a category range of £100,000 to £600,000. If, after all other adjustments, the fine remains £240,000 and the company receives the full one-third guilty-plea reduction, the fine becomes £160,000. Costs are additional. This is an illustration of the calculation, not a prediction of a particular case.
How to report breaches of health and safety at work
If it is safe to do so, raise the problem with your manager or safety representative. Our guide to raising health and safety concerns explains the internal routes. You do not have to wait for an internal process to finish while a serious danger continues. A report to the regulator is not an emergency response.
- Choose the enforcing authority. Use HSE for the GB workplaces it covers, or your local council’s environmental health department for shops, standalone offices, hospitality and similar premises. In Northern Ireland, check HSENI’s complaint guide to decide between HSENI and the council.
- Make the report. Use the HSE tell-us service or call 0300 003 1647. The line is open Monday, Tuesday, Thursday and Friday from 8.30am to 5pm, and Wednesday from 10am to 5pm. HSE aims to contact you within three working days and give an outcome within 15 working days. These are service aims, not guarantees of an inspection.
- Give enough detail to act on. Include the workplace address, employer, hazard, who is exposed, any injury and what you have already done to raise it. Keep a dated record. Photographs can help, but do not put yourself at risk to collect evidence.
HSE does not routinely reveal who complained, but your employer may work it out, especially in a small team. Disclosure can also be required in legal proceedings. Confidentiality cannot guarantee anonymity.
Can you lose shifts or be sacked for reporting unsafe work?
In Great Britain, section 44 of the Employment Rights Act 1996 protects employees against detriment in specified health and safety situations. These include carrying out certain safety roles and, in the circumstances set out in the section, raising harmful working conditions. Under section 100, dismissal for the protected reasons is automatically unfair. Employees do not need a minimum period of service for that protection.
Since 31 May 2021, non-employee workers also have section 44 protection against detriment for leaving or refusing to return to a workplace in circumstances of danger they reasonably believe to be serious and imminent, which they cannot reasonably be expected to avert. Protection also covers taking appropriate steps to protect themselves or others in such danger. The automatic unfair dismissal right still requires employee status. These are legal tests, not a blanket right to refuse any task you consider unsafe.
Agency workers may be protected as employees or workers, depending on their relationship, and both the agency and hirer can owe safety duties. A genuinely self-employed contractor does not gain employee dismissal rights simply because HSE can protect them from workplace risks. Whistleblowing protection may also apply to qualifying disclosures by employees and workers. If you are penalised or dismissed, get advice promptly and use our unfair dismissal guide. Do not wait for HSE’s investigation before seeking employment-law advice. Northern Ireland’s employment protections come from separate legislation.
If you are threatened, lose shifts or are dismissed after raising a safety concern, keep a dated record and get advice promptly. Unite, UNISON and GMB represent many workers in health, care, logistics and cleaning; Usdaw represents many in retail and food. You can also contact Acas about early conciliation, Citizens Advice or a law centre. Do not wait for an HSE investigation before protecting an employment claim. Enforcement of the safety breach and a claim about retaliation are separate routes.
Questions about HSE powers and enforcement
Can an HSE inspector enter without warning or a warrant?
Yes. An appointed inspector can enter premises they have reason to believe it is necessary to enter for enforcement at a reasonable time, without an appointment or court warrant. If they think a situation is or may be dangerous, they can enter at any time. Their warrant card identifies their authority; it is not a court warrant.
Can the HSE shut down my workplace?
A prohibition notice stops the specified activity, not automatically the whole business. If that activity is the site’s whole operation, the practical result can be a shutdown. The test is a risk of serious personal injury, so no legal breach or actual injury is needed. An appeal does not suspend the notice unless the tribunal directs it.
Does someone have to be hurt before a health and safety prosecution?
No. A failure to control a health and safety risk can be prosecuted without an injury. Serious or persistent breaches, failure to comply with notices and obstruction can lead to court. Inspectors do not have to issue a notice before considering prosecution.
Can directors go to prison for safety failings?
Yes, where the offence permits imprisonment and personal liability is established. Under section 37, a director or manager can be guilty alongside a company where its offence involved their consent, connivance or neglect. The maximum term for the main HSWA offences on indictment is two years. Seniority alone does not establish guilt.
Will HSE tell my employer who reported the danger?
HSE does not routinely reveal who complained, but your employer may work it out. Disclosure can also be required in legal proceedings. Confidentiality is not a guarantee of anonymity, especially in a small team. Keep your own record and seek union or employment-law advice if you face retaliation.
Does an HSE prosecution get me compensation?
A notice or prosecution does not compensate an injured worker. A separate negligence claim may be possible. If your employer penalises or dismisses you for a protected safety reason, that raises a separate employment-law question too. Do not wait for the regulator’s case before getting advice.
Sources
- Health and Safety at Work etc. Act 1974, legislation.gov.uk. See section 20, inspector powers; section 21, improvement notices; section 22, prohibition notices; section 24, appeals; and Schedule 3A, penalties.
- HSWA section 37, personal liability, and section 47, civil liability, legislation.gov.uk.
- Employment Tribunals Regulations 2013, regulation 14A, and Employment Tribunal Procedure Rules 2024, rule 103, legislation.gov.uk.
- Health and Safety (Enforcing Authority) Regulations 1998, legislation.gov.uk; Enforcing-authority guide, HSE.
- Health and Safety and Nuclear (Fees) Regulations 2022, legislation.gov.uk; What is Fee for Intervention? and Cost recovery rates, HSE.
- Tell us about a health and safety issue, HSE.
- Enforcement guide and Convictions and enforcement registers, HSE.
- HSE Annual Report and Accounts 2024/25, GOV.UK.
- Health and Safety at Work (Northern Ireland) Order 1978, legislation.gov.uk; Complaints about unsafe and unhealthy work activities, HSENI.
- HSE and COPFS in Scotland, HSE.
- Employment Rights Act 1996, section 44, and section 100, legislation.gov.uk.
- Health and safety offences, organisations, Sentencing Council.
- Fair Work Agency enforcement policy statement, GOV.UK.
- Early conciliation, Acas; Citizens Advice; Law Centres Network.
- Unite the Union; UNISON; GMB; Usdaw.
- Pay and work rights complaints, including minimum-wage underpayment, GOV.UK; GLAA worker advice; Equality and Human Rights Commission.