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Health & Safety

Liaising with Authorities

Understanding HSE's enforcement actions for safety compliance, including providing advice, issuing notices, and prosecution options.

Immediate Risk Management

Actions taken to ensure strict adherence to safety laws by duty holders.

Legal Compliance Enforcement

Actions taken to ensure strict adherence to safety laws by duty holders.

Accountability for Failures

Duty holders are held accountable for any lapses in their responsibilities.

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Transparent Enforcement Action

HSE's approach is proportionate, consistent, and transparent in enforcing safety.

Health & Safety

Liaising with Authorities

Powers of HSE inspectors include site entry and enforcement, with duty holders having rights to challenge actions.

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Inspectors' Entry Rights

Inspectors can enter premises for enforcing health and safety laws.

Enforcement Measures

Powers to issue cautions, vary licenses, and take necessary enforcement steps.

Challenging HSE Actions

Duty holders can challenge HSE's enforcement actions through specified routes.

Post-Enforcement Procedures

Follow-up checks and data publication are routine after HSE enforcement actions.

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Why Testing is Important

Powers of inspectors

Inspectors appointed by an enforcing authority under section 19 of the Health and Safety at Work etc. Act 1974 (HSWA) have broad powers to carry into effect any of the relevant statutory provisions.

The powers set out in sections 20(2) and 25 HSWA include powers to:

  • Enter any premises which inspectors think it necessary to enter for the purposes of enforcing HSWA and the relevant statutory provisions.
  • They may only enter at a ‘reasonable time’, unless they think there is a situation which may be dangerous.
  • If they have reasonable cause to apprehend serious obstruction, they may take a police officer.
  • Order areas to be left undisturbed.
  • take measurements, photographs and recordings.
  • take samples and take possession of, and carry out tests on, articles and substances that appear to have caused (or be likely to cause) danger.
  • Require the production of, inspect and take copies of relevant documents.
  • Require anyone they think might give them relevant information to answer questions and sign a declaration of the truth of the answers.
  • Require facilities and assistance to be provided.
  • Seize and make harmless (by destruction if necessary) any article or substance which they have reasonable cause to believe is a cause of imminent danger of serious personal injury.

Inspectors are also given any other power which is necessary for the purpose of carrying into effect the relevant statutory provisions.

How to challenge/appeal

The HSE also give duty holders advice on their right to challenge/appeal. There are different routes for this, depending on the enforcement action.  At Agility Risk & Compliance we can aid you with information on your challenge or appeal.

What happens after enforcement action?

After any enforcement action the HSE will:

  • Follow up to check that any necessary changes have been made and actioned.
  • Publish data on notices served and prosecutions taken.

Fee for intervention

If you’ve broken the law, you will have to pay for the time it takes the HSE to help you put things right. This is called a ‘fee for intervention’ (FFI) and is currently £157 per hour for that service.

The fee will include the costs covering the time of the entire original visit. The total amount recovered will be based on the amount of time it takes HSE to identify the breach and help you put things right (including office work), multiplied by the hourly rate.

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Learn more about our services

Schedule an informal chat with an Opus consultant to learn how we can improve employee health and safety across your business.

Your partner in compliance

'John and his team provide top-quality health and safety advice with practical support. Through wide industry experience, John delivers an integrated service that links with the needs of the client.'

Health and safety consultancy

Opus Safety Partnership

Everything you need for a safer workplace – in one end-to-end service. A customised compliance programme. Ongoing support. And a dedicated H&S expert, whenever you need them.

Business risk analysis

Pinpoint compliance issues and map out improvement measures.

Full site audit
Hazard profiling
Solutions planning

Policies and processes

Review, upgrade and standardise safety documents and procedures.

Tailored risk assessments
Staff handbooks and policies
Safe systems of work

Work-saving software

Action key H&S data and deliverables with one intuitive tool.

Cloud-based hub for all staff
Tasks, training and reporting
24/7 access on any device

Strategic guidance

Maintain excellence with practical help and long-term risk prevention.

One-to-one support
Regular contact
Forward-looking advice
audits and assessments

Secure, compliant and 100% confident

Our employee training programmes and one-off risk assessments, surveys and audits deliver peace of mind for your people – and a safer way forward for you.

Operate on the right side of regulations

Avoid penalties and exceed your legal requirements with expert-led risk assessments, audits and surveys that go beyond the bare minimum.

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