HSE Just Turned Up on Your Site: What to Expect and What to Do

‍‌​​​‌​‌​​‌‌​​‌‌‌‌‌​​‌​‌​​​​‌​​​‌‍When HSE walk onto your site, that's not the moment to start panicking or hiding things -- they've got strong legal powers, and you're better off treating it like an MOT: show what you're doing right and sort what isn't.

4.29.1 What powers do HSE inspectors have?

Under section 20 of the Health and Safety at Work etc. Act 1974, inspectors have wide powers.

They can

• Enter any workplace at any reasonable time without notice -- they don't need an appointment.
• Inspect and investigate, take photos, measurements and samples.
• Speak to anyone on site, including workers, in private if they want.
• See and copy documents (RAMS, training records, inspection reports, insurance).
• Take statements and require answers to questions relevant to safety.

You can't refuse entry or tell them to come back later because it's inconvenient. Obstructing an inspector is a criminal offence.

They must

• Show you official ID if asked.
• Explain the purpose of their visit.

4.29.2 What happens during a visit?

They might be there because:

• It's a routine/proactive inspection -- part of a programme looking at high-risk sectors like construction.
• It's reactive -- after an accident, dangerous occurrence, complaint, or concern raised by someone.

On a construction site they're likely to look at

• Work at height -- scaffolds, edge protection, ladders, MEWPs, fragile roofs.
• Welfare -- toilets, washing, drinking water, rest areas.
• Housekeeping -- trip hazards, walkways, storage.
• Plant and lifting equipment -- inspections, LOLER/PUWER records.
• Excavations and temporary works -- support, access/egress.
• Asbestos and COSHH -- surveys, controls, PPE, RPE.
• Training and supervision -- inductions, CSCS, toolbox talks.
• Site management -- RAMS, site rules, supervision arrangements.
• F10 notification -- if the project is notifiable under CDM (more than 30 working days or 500 person-days), they'll check it was notified to HSE before work started. If you haven't notified, that's an immediate black mark.

They'll usually

• Speak to whoever is in charge (site manager, principal contractor, or you if it's your job).
• Ask workers basic questions to see if they've been briefed and if what's happening matches the paperwork.

4.29.3 Post-accident visits -- a different situation

If the visit is after an accident or dangerous occurrence, the tone changes completely.

• The inspector is gathering evidence for a potential prosecution, not just checking paperwork.
• Anything you say can be used in enforcement action or court proceedings.
• If they suspect a criminal offence, PACE (Police and Criminal Evidence Act) caution rules apply -- they should caution you before asking questions where they suspect an offence, and you have the right to not incriminate yourself.
• This is the point where you need legal advice before answering detailed questions, not after. You can cooperate without making admissions -- say: "I want to help, but I'd like to speak to my solicitor before making a detailed statement."
• You must still allow them access and not obstruct, but you don't have to volunteer detailed explanations without legal advice.

If you've had a serious accident on site and HSE are coming, call a health and safety solicitor before they arrive if you can.

4.29.4 Outcomes: advice, notices, prosecution

After looking round, an inspector can:

• Give verbal advice -- minor issues, sorted on the spot, no formal notice.
• Send a letter -- setting out contraventions and what needs doing by when.
• Serve an Improvement Notice -- for significant breaches that don't require immediate stop.
• Serve a Prohibition Notice -- if there's a risk of serious personal injury -- work must stop immediately on that activity.
• Recommend prosecution in serious cases, especially after accidents or where there's clear, serious neglect.

Improvement notice

• States what law is being breached and what must be done.
• Gives you a period to comply (minimum 21 days).
• You can appeal to an employment tribunal -- usually within 21 days -- and the notice is suspended while the appeal is considered.

Prohibition notice

• Stops the specified activity immediately -- you cannot carry on that work until you've fixed the issue to the inspector's satisfaction.
• Can stop use of a machine, a scaffold, a certain method, or a whole area.
• Breaching it (carrying on regardless) is a criminal offence and is likely to lead to prosecution.

Penalties

Penalties for non-compliance can include large fines for the company and personal liability for directors/managers in serious cases.

Public register

HSE publishes enforcement notices and prosecution results on a public register that anyone can search -- including future clients, main contractors and trade bodies. Your name, company and the details of any notice or conviction are visible. That's motivation to take it seriously beyond just the fine.

4.29.5 Fee for Intervention (FFI) -- getting billed

If the inspector finds a "material breach" of health and safety law, HSE will charge you for their time under Fee for Intervention.

• FFI is charged by the hour from when they start dealing with the breach until it's resolved.
• The current hourly rate is £166/hour (2024/25) -- check hse.gov.uk/fee-for-intervention for the latest rate as it changes annually.
• Bills can quickly run into hundreds or thousands of pounds on a messy job.
• FFI is not a fine -- it's a cost recovery charge. Insurance generally does not cover FFI costs or HSE fines.

Can you challenge FFI?

Yes -- you can dispute the invoice within 21 days of receiving it. HSE have a formal dispute process. If you think the breach finding was wrong or the hours charged are excessive, challenge it -- don't just pay and seethe.

4.29.6 First five minutes when an inspector arrives

Don't flap, and don't try to hide anything -- that just makes them dig deeper.

Do this

• Greet them calmly and bring them to whoever is in charge of the job.
• Ask politely to see their ID -- they expect this.
• Ask what type of visit it is -- routine inspection, follow-up, or after an incident/complaint.
• Make sure someone who understands the work (site manager, foreman, or you) is available to walk with them and answer questions.
• Ensure basic PPE is being worn and obvious daft stuff (unprotected edges, blocked access, silly housekeeping) is sorted if you can safely fix it quickly.

You can

• Have someone with you during formal interviews (e.g. safety rep, manager).
• Ask questions if you don't understand what they're saying or what law they're referring to.

4.29.7 Your rights during an inspection

You do not have the right to refuse entry or filming/photos, but you do have some protections:

• You can ask to see ID and confirmation they are an HSE inspector.
• You can ask the purpose of the visit.
• You can have a representative or colleague present during any formal interview (unless they insist on speaking to a worker alone, which they're allowed to do).
• You can ask them to explain any notices they issue, and which regulations they say you're breaching.
• If you don't agree with an improvement or prohibition notice, you can appeal -- but don't ignore it in the meantime.
• If they caution you (post-accident investigation), you have the right to legal advice before making a detailed statement.

4.29.8 After the visit -- what to do next

Once the inspector leaves:

• Write down what happened while it's fresh -- what they looked at, what they said, what they asked for, and what you said.
• Keep copies of any notices -- improvement or prohibition notices, letters, FFI invoices.
• Fix issues promptly -- if they gave verbal advice or a letter, sort it and document that you've done it (photos, records, dates).
• Diarise compliance deadlines -- if you've got an improvement notice, put the deadline in your calendar and make sure the work is done before it.
• Prepare for a follow-up visit -- inspectors often come back to check compliance. Have evidence ready that you've acted on their findings.
• If it's heading towards prosecution -- get a health and safety solicitor immediately. Don't wait for the court date to land. Early legal advice can make a significant difference to outcomes and costs.

4.29.9 How to prepare so a surprise visit doesn't kill you

On any live job, you should be able to show, at short notice:

• A simple construction phase plan (for CDM) and relevant RAMS.
• Evidence of induction, toolbox talks and briefings.
• Up-to-date scaffold inspections and harness/plant checks where relevant.
• Welfare that meets minimum standards -- toilets, washing, drinking water, rest facilities.
• Proper COSHH information and controls for hazardous substances.
• Asbestos info where relevant (survey, plan).
• Insurance details and, for some works, training/competence records (CSCS, plant tickets).
• F10 notification confirmation if the project is notifiable.

If you keep basics in a site file or on a tablet, and the job actually looks and runs like the paperwork describes, you're in much better shape when HSE walk in.

What to do next

For your current or next job:

• Check you can put your hands on, quickly, your RAMS, scaffold/plant checks and welfare arrangements -- if you can't, fix that.
• Walk the site and ask yourself, honestly: "If HSE turned up in ten minutes, what would they pick up first?" -- then deal with those things now, not on the day.
• Make sure your F10 notification is done if the project is notifiable.
• Know who your health and safety solicitor would be if you ever needed one -- finding one in a panic after an accident is not the time.

Sources

• Health and Safety at Work etc. Act 1974 -- legislation.gov.uk/ukpga/1974/37/contents -- sections 20-25 cover inspector powers, improvement notices, prohibition notices and offences.
• Health and Safety (Fees) Regulations 2012 (as amended) -- legislation.gov.uk/uksi/2012/1652/contents/made -- the legal basis for Fee for Intervention.
• Construction (Design and Management) Regulations 2015 -- legislation.gov.uk/uksi/2015/51/contents/made -- CDM duties including F10 notification requirements.
• HSE Enforcement Policy Statement -- hse.gov.uk/enforce -- how HSE decides what action to take.
• HSE guidance on Fee for Intervention -- current hourly rate, dispute process and FAQ.
• Police and Criminal Evidence Act 1984 (PACE) -- legislation.gov.uk/ukpga/1984/60/contents -- caution requirements when criminal offence is suspected.
• HSE public register of enforcement notices and prosecutions.

Common questions

What does HSE look for on a construction site?

HSE checks the high-risk basics first: working at height, asbestos, scaffold inspections, welfare, dust, and CDM roles. They'll ask to see your risk assessments, method statements, F10 notification (if required), and accident book. Anything missing or out of date gets flagged.

HSE Visit Quickcheck reference card.

Can HSE shut down a building site?

Yes. An HSE inspector can issue a Prohibition Notice on the spot that stops the work creating the risk. It's a legal order and ignoring it is a criminal offence. They can also issue an Improvement Notice giving you a deadline to comply. Both stay on the public HSE register.

HSE Prohibition Notice guide.

Do I have to let HSE on my site?

Yes. HSE inspectors have a statutory right of entry under the Health and Safety at Work Act. Refusing or obstructing them is a criminal offence. They don't need a warrant or an appointment. You can ask for ID and note the inspector's name and number, but you cannot turn them away.

How to Report a Site to HSE guide.

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