INC/Specific/TBT-INC-013

Enforcement Notice Response

Incident Management & InvestigationSpecificEnforcement Notice Response

Enforcement Notice Response

Toolbox Talk Record

Ref: TBT-INC-013  |  Issue: 1  |  Date: March 2026
PresenterProject
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What?

  • The HSE and local authorities can issue enforcement notices when they find breaches of health and safety law.
  • An Improvement Notice requires specific actions to be completed within a stated timescale.
  • A Prohibition Notice requires an activity to stop immediately because of the risk of serious personal injury.
  • Failure to comply with either type of notice is a criminal offence carrying unlimited fines and imprisonment.
  • Prohibition Notices take effect immediately — the activity must stop and not restart until the notice is complied with.
  • Improvement Notices specify the actions required and give a reasonable time period for compliance.
  • Both notices can be appealed to an employment tribunal within 21 days of issue.
  • The person receiving the notice should read it carefully and seek legal advice promptly.
  • All site personnel should be informed of the notice and the actions required to comply.
  • The response to an enforcement notice should be documented and evidence of compliance retained.

Why?

Legal obligationNon-compliance with an enforcement notice is a separate criminal offence with severe penalties including imprisonment.
Worker safetyNotices are issued because an inspector has identified a genuine risk — prompt action protects workers from harm.
Organisational reputationEnforcement notices are public record and failure to respond damages the company's safety reputation and tender prospects.
Do Don't
  • Read the enforcement notice carefully and understand exactly what is required
  • Stop the prohibited activity immediately if a Prohibition Notice is served
  • Seek legal advice promptly to understand your obligations and appeal rights
  • Communicate the notice requirements to all relevant site personnel and management
  • Develop an action plan to comply within the timescale stated on the notice
  • Document all actions taken to comply and retain evidence of completion
  • Cooperate with the inspector and provide updates on your compliance progress
  • Brief the workforce on any changes to working practices required by the notice
  • Review the underlying risk assessment to prevent the same issue recurring
  • File the notice and compliance evidence in the site health and safety records
  • DON'T ignore an enforcement notice — non-compliance is a criminal offence
  • DON'T resume a prohibited activity until the Prohibition Notice conditions are met
  • DON'T miss the deadline on an Improvement Notice without seeking an extension
  • DON'T argue with the inspector at the time of issue — use the formal appeal process
  • DON'T destroy or conceal the notice — it must be displayed where workers can see it
  • DON'T assume the notice only applies to one person — it binds the organisation
  • DON'T delay informing senior management and legal advisors about the notice
  • DON'T treat compliance as a one-off fix — address the root cause to prevent recurrence
  • DON'T forget the 21-day appeal window if you intend to challenge the notice
  • DON'T allow retaliation against anyone who provided information to the inspector

See also: HSE Inspector Visit Procedures | Accident and Incident Reporting (RIDDOR)

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