Health and safety inspectors may take enforcement action in several ways to deal with a breach in the law.
For more information read What to Expect When a Health and Safety Inspector Calls, a leaflet on the HSE website, using the link from this page.
Informal Action
Where the breach in law is relatively minor, the inspector may tell you what to do in order to comply with the law.
The inspector may write to you confirming any advice given, best practice and distinguish in their letter what are legal requirements.
Improvement Notice
Where the breach of law is more serious, the inspector may issue an improvement notice to tell the duty holder to do something to comply with the law.
The notice will say what is required to be done, why, and by when. The time period within which the remedial action must be taken will be at least 21 days, to allow the duty holder time to appeal to the Employment Tribunal.
The inspector may take further legal action if the notice is not complied with within the specified time period.
Prohibition Notice
Where an activity involves, or may involve a serious risk of injury, the inspector may serve a prohibition notice.
The prohibition notice will require the activity to stop immediately or after a specified time period and will prohibit it being resumed until the specified remedial action has been taken.
There is a right of appeal, however the prohibition notice will remain in force until the appeal is heard.
Prosecution
In some cases the inspector may consider that it is also necessary to take a prosecution. Health and safety law gives considerable scope to the courts for punishing offenders or deterring others.
Failing to comply with an improvement/prohibition notice carries a fine of £20,000 maximum, or six months imprisonment, or both. Unlimited fines and in some cases imprisonment may be imposed by higher courts.
