What Is the Health and Safety Executive (HSE)?

The Health and Safety Executive (HSE) is the UK’s national regulator for workplace health, safety, and welfare. It plays a crucial role in reducing work-related injury, ill health, and death across Great Britain. Whether you’re a business owner, a consultant, or an employee, understanding the HSE’s role is key to maintaining compliance and protecting people at work.

A Brief History of the HSE

The HSE was created by the Health and Safety at Work etc. Act 1974 (HASAWA), which consolidated hundreds of separate pieces of legislation. The goal was simple: to establish a single, comprehensive framework for health and safety law that applied to all workplaces.

HSE officially came into existence on 1st January 1975. Since then, it has been the primary authority responsible for ensuring that employers, employees, and others understand and comply with their health and safety obligations.

Core Functions of the HSE

The HSE’s responsibilities include:

• Inspecting Workplaces: Visiting and assessing businesses to ensure compliance with the law.
• Investigating Incidents: Investigating fatal and serious accidents, dangerous occurrences, occupational diseases, and complaints.
• Enforcing the Law: Issuing enforcement notices and prosecuting where necessary.
• Providing Guidance: Publishing Codes of Practice, standards, and practical advice.
• Drafting Regulations: Assisting in the creation and revision of health and safety laws.

Powers of HSE Inspectors

HSE inspectors have wide-ranging legal powers under the Health and Safety at Work etc. Act 1974 and associated legislation. Their powers include:

• Right of Entry: Inspectors can enter any premises (except private homes) without prior notice if they believe it necessary.
• Examination and Investigation: Inspectors can inspect, measure, photograph, and take samples of any articles or substances.
• Seizure of Property: If necessary, they can seize and make safe any equipment, substances, or records.
• Interviews under Caution: They can conduct interviews under the Police and Criminal Evidence Act 1984 (PACE) where criminal offences are suspected.
• Issue of Improvement Notices: Requiring breaches to be remedied within a set timeframe.
• Issue of Prohibition Notices: Immediately stopping activities posing a risk of serious injury.
• Fee for Intervention (FFI): Charging businesses for the time spent where a “material breach” of law is found.
• Recommendation of Prosecution: Preparing cases for prosecution where breaches are serious enough to warrant criminal proceedings.

Failure to comply with an inspector’s directions or enforcement notices can result in heavy fines or imprisonment.

What Happens During an HSE Investigation?

An HSE investigation typically follows a structured approach:

1. Initial Inspection: An inspector may visit a site without warning or following a reported incident.
2. Assessment of Compliance: They will review documentation, interview employees, and observe working practices.
3. Material Breach Identified: If they find a material breach of health and safety law, they will issue a Notification of Contravention and apply Fee for Intervention charges.
4. Enforcement Action: Depending on the severity, this could range from verbal advice to formal Improvement or Prohibition Notices.
5. Evidence Gathering: In serious cases, inspectors collect evidence for prosecution, including seizing equipment and interviewing witnesses under caution.
6. Prosecution: Cases involving serious breaches may be referred to the courts. Directors, managers, or employees can be prosecuted personally where appropriate.

HSE Prosecution Statistics

The HSE has an extremely high success rate in court. In recent reporting years, the HSE achieved a prosecution success rate of approximately 96% across cases taken to court. This reflects the thoroughness of investigations and the seriousness of cases brought.

Annual figures typically show:

• Over 300 cases prosecuted annually
• Conviction rates exceeding 95%
• Millions of pounds in fines collected

The risk of prosecution is real and significant, and the courts have shown a strong willingness to issue large fines, particularly where breaches have exposed people to serious harm.

The Role of Fee for Intervention (FFI)

Introduced in October 2012, the Fee for Intervention scheme allows the HSE to recover costs from dutyholders who are found to be in material breach of health and safety law.

• Material Breach: Where an inspector identifies something that contravenes health and safety law and requires formal action.
• Charging Mechanism: Businesses are charged for the inspector’s time from the moment a material breach is identified until the issue is resolved.

FFI incentivises businesses to stay compliant and can quickly result in significant costs if an inspection uncovers problems.

When Is the HSE the Enforcing Authority?

The HSE is responsible for enforcement in industries such as:

• Construction
• Manufacturing
• Agriculture
• Offshore oil and gas
• Mining
• Waste and recycling

Other industries, including retail, hospitality, and offices, are often regulated by local authority environmental health departments, which we’ll cover in Part Two of this series.

Why Businesses Should Take HSE Enforcement Seriously

• Financial Risks: Prosecution can lead to fines reaching hundreds of thousands or even millions of pounds.
• Reputational Risks: A prosecution can seriously damage public and stakeholder confidence.
• Personal Risks: Company directors, managers, and even employees can face individual prosecution.
• Operational Risks: Prohibition Notices can instantly stop critical business operations.

Compliance is not just about avoiding fines; it is about protecting people and securing the future of your business.

Practical Actions for Businesses

• Conduct regular risk assessments.
• Review and update health and safety policies.
• Train all staff on their legal duties.
• Maintain accurate health and safety documentation.
• Prepare for unannounced inspections.
• Seek professional advice where unsure.

FAQs

Is the HSE part of the government? Yes, it operates as an independent regulator sponsored by the Department for Work and Pensions (DWP).

What happens during an HSE inspection? Inspectors will review safety arrangements, speak to employees, examine equipment and documentation, and may issue enforcement action if breaches are found.

What is a Prohibition Notice? A legal notice requiring a dangerous activity to stop immediately until remedial action is taken.

Can HSE prosecute individuals? Yes, company directors, managers, and employees can be prosecuted personally where failures are attributable to their actions or omissions.

What is Fee for Intervention (FFI)? FFI is a cost recovery scheme where businesses are charged for the time HSE inspectors spend addressing material breaches of the law.

Next in the Series: In Part Two, we will explore the role of Local Authorities in health and safety enforcement and when they act instead of the HSE.