Preventing penalties – how to handle a surprise safety inspection

Inspections from safety inspectors are on the rise post-Covid. A surprise visit can catch you off guard, but calmness, cooperation and confidence are key to preventing fines or enforcement notices.

Who will conduct the inspection?

Safety laws in the UK are enforced by local authority Environmental Health Officers or the Health and Safety Executive (HSE). For a typical builders merchant, H&S compliance will be regulated by local authority Environmental Health Officers (EHOs).

How often do inspections happen?

The frequency of inspections depends on the size and complexity of your business. However, routine inspections usually happen every few years.

Can you refuse the inspector entry?

Under the Health and Safety at Work Act, the HSE and other regulators can visit and inspect your premises without any advance notification. It's possible to ask them to return on a different day, but it's unlikely to help your cause.

What will the inspector look for?

Inspectors ensure your builders merchant operates in line with all relevant regulations across key areas including: workplace conditions, risk assessments, fire safety, machinery and equipment, PPE, training and supervision, and records and documentation.

What happens if the inspector finds a safety violation?

If the visit reveals a safety breach, the inspector can take a number of enforcement actions. For minor risks, you're likely to receive an infringement notice. Serious violations could incur a prohibition notice. In extreme cases, the inspector may recommend prosecution, which may result in fines, legal penalties and possible jail time.

Will your inspector charge you for their visit?

The HSE runs a Fee for Intervention (FFI) scheme to recoup costs from negligent companies. If you're found to be violating health and safety laws, the HSE could charge £166 per hour for the time spent putting it right.