CDM/Specific/TBT-CDM-028

Improvement and Prohibition Notices

CDM & Legal Framework › Specific › Improvement and Prohibition Notices

Presenter		Project
Location		Date

HSE inspectors have legal powers to issue enforcement notices when they find breaches of health and safety law.
An Improvement Notice requires a specific breach to be corrected within a stated timescale, typically 21 days.
A Prohibition Notice stops an activity immediately where there is a risk of serious personal injury.
Prohibition Notices take effect immediately — the activity must cease and cannot restart until the notice is complied with.
Both types of notice are served under Sections 21 and 22 of the Health and Safety at Work Act 1974.
Notices can be served on companies, directors, managers, supervisors, and individual workers personally.
All enforcement notices are published on the HSE public register and are visible to clients and competitors.
Failure to comply with either type of notice is a criminal offence carrying unlimited fines or imprisonment.
Common triggers on construction sites include poor scaffold standards, unprotected edges, and inadequate excavation support.
There is a right of appeal to an Employment Tribunal within 21 days of an Improvement Notice being served.

Immediate danger	Prohibition Notices exist because the inspector believes someone will be seriously injured unless the activity stops now.
Criminal consequences	Non-compliance with a notice is a separate criminal offence that can result in prosecution regardless of the original breach.
Public record	Notices are published publicly — they damage company reputation, affect insurance premiums, and reduce tender competitiveness.
Personal liability	Notices can be served on individuals including supervisors and foremen, not just the employing company.

Don't

Cooperate fully with any HSE inspector visiting the site — they have legal powers of entry.
Notify your site manager and company H&S department immediately if a notice is served.
Stop the prohibited activity immediately if a Prohibition Notice is issued on site.
Read the notice carefully to understand exactly what breach has been identified.
Comply with the notice within the stated timescale and document all corrective actions taken.
Maintain high standards daily so that an inspection does not find avoidable breaches.
Keep records of inspections, risk assessments, and method statements available on site.
Brief your team on any corrective actions required and the changes to working methods.
Seek legal and H&S professional advice before deciding whether to appeal any notice.
Use the experience as a learning opportunity and share lessons across other projects.

DON'T obstruct, mislead, or refuse entry to an HSE inspector visiting your site.
DON'T continue a prohibited activity after a Prohibition Notice has been served.
DON'T attempt to hide, remove, or tamper with any evidence during an inspection.
DON'T ignore the timescale on an Improvement Notice — late compliance is an offence.
DON'T assume a notice only affects the company — individuals can be personally prosecuted.
DON'T discuss the details of a notice with external parties without management approval.
DON'T make verbal promises to the inspector without confirming you can deliver them.
DON'T wait for an inspection to fix known problems — address hazards proactively every day.
DON'T assume an appeal suspends a Prohibition Notice — it remains in force during appeal.
DON'T treat a notice as just paperwork — it signals a serious failure in safety management.

See also: CDM 2015 Awareness | HSWA 1974 Core Duties Awareness

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