CDM/Specific/TBT-CDM-030

Powers of the HSE

CDM & Legal Framework › Specific › Powers of the HSE

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The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety.
HSE inspectors have the legal power to enter any workplace at any time without prior notice or appointment.
Inspectors can examine, investigate, take photographs, and seize articles or documents during a visit.
They can interview any person on site under caution — statements may be used as evidence in prosecution.
HSE can issue Improvement Notices requiring specific actions within a stated timescale to comply with law.
Prohibition Notices stop an activity immediately where there is a risk of serious personal injury.
Failure to comply with a notice is a criminal offence carrying unlimited fines or up to two years' imprisonment.
HSE publishes all enforcement notices and prosecution outcomes on a public register accessible to anyone.
Fee for Intervention (FFI) charges the duty holder £174 per hour for the time inspectors spend on a breach.
HSE can prosecute individuals including directors, managers, and supervisors — not just the company.

Unannounced visits	HSE inspectors arrive without warning and have the legal right to enter — you cannot refuse them access.
Personal liability	Individual managers, supervisors, and even workers can be personally prosecuted for safety failures.
Financial penalty	FFI charges begin immediately upon finding a breach — plus fines, legal costs, and reputational damage.
Public record	All enforcement actions are published publicly, visible to clients, competitors, and future employers.

Don't

Cooperate fully and politely with any HSE inspector visiting your site.
Notify your site manager immediately when an HSE inspector arrives on site.
Provide access to all areas, documents, and records the inspector requests.
Answer questions honestly — providing false information is a criminal offence.
Maintain high safety standards daily so inspections do not find avoidable breaches.
Keep risk assessments, permits, training records, and inspection logs current and accessible.
Accompany the inspector during their visit and take notes of all discussions.
Act on any verbal advice given by the inspector before a formal notice follows.
Brief your team on any findings or required actions after the visit concludes.
Use the visit as a learning opportunity to improve your safety management system.

DON'T refuse entry, obstruct, or delay an HSE inspector from accessing the site.
DON'T attempt to hide, move, or destroy evidence before or during an inspection.
DON'T provide misleading or false statements to the inspector under any circumstances.
DON'T argue with the inspector on site — use the formal appeal process instead.
DON'T panic — maintain composure and demonstrate your safety management systems calmly.
DON'T coach workers on what to say — inspectors will identify rehearsed responses.
DON'T assume a friendly visit means no enforcement action will follow afterwards.
DON'T ignore FFI invoices — they are legally enforceable debts owed to the HSE.
DON'T wait for an inspection to fix known problems — address hazards proactively today.
DON'T discuss the visit with external parties without management and legal approval.

See also: Improvement and Prohibition Notices | CDM 2015 Awareness

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