The thought of an HSE inspection can be daunting for small business owners. But here's something that might ease your mind: most small businesses will never be visited by the Health and Safety Executive. And if you are inspected, understanding the process takes much of the stress away.
This guide explains exactly what happens during an HSE inspection, what triggers a visit, and how to prepare - not because you're expecting an inspection, but because good preparation means good health and safety practice.
The HSE's goal isn't to catch you out or shut you down. Their primary aim is to help businesses protect workers. Inspectors would far rather see you doing things right than issue enforcement notices.
Why does the HSE inspect businesses?
The Health and Safety Executive inspects workplaces for two main reasons:
Proactive inspections
The HSE targets specific sectors or activities where the risk of serious harm is highest. These planned inspection programmes focus on:
- Construction sites (particularly high-risk activities)
- Manufacturing and heavy industry
- Agriculture and farming
- Waste and recycling operations
- Activities involving known hazards like asbestos or silica dust
If your business doesn't fall into a high-risk category, the chances of a proactive HSE visit are very low. Small offices, retail shops, and many service businesses rarely see an inspector unless something specific triggers a visit.
Reactive inspections
These occur in response to:
- A serious workplace accident reported under RIDDOR
- A complaint from an employee, customer, or member of the public
- Information suggesting a serious health and safety problem
- Following up on a previous enforcement notice
Most HSE inspections are reactive - meaning something has prompted the visit rather than random selection.
What triggers an HSE inspection?
Understanding what brings the HSE to your door helps you take the right preventive steps.
RIDDOR reports
If you report a serious accident, dangerous occurrence, or occupational disease under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations), the HSE may investigate. Not every RIDDOR report triggers an inspection, but serious incidents often do.
Examples that may trigger investigation:
- Fatal or specified injuries (fractures, amputations, loss of consciousness)
- Accidents causing over-7-day incapacitation
- Dangerous occurrences (collapse of scaffolding, explosion, equipment failure)
- Certain occupational diseases (occupational asthma, hand-arm vibration syndrome)
Complaints
Anyone can report concerns to the HSE - employees, former employees, customers, neighbours, or the general public. Common complaint triggers include:
- Unsafe working conditions
- Lack of protective equipment
- Concerns about hazardous substances
- Worries about a specific activity or process
- Reports of bullying related to raising safety concerns
The HSE takes complaints seriously, though they assess each one before deciding whether to investigate.
Targeted campaigns
The HSE periodically runs focused campaigns on specific issues or sectors. Recent campaigns have targeted:
- Dust in construction (silica and wood dust)
- Workplace transport safety
- Falls from height
- Stress and mental health in certain sectors
If your industry is subject to a campaign, you're more likely to receive attention during that period.
Follow-up visits
If the HSE previously issued an improvement notice or prohibition notice, they may return to check compliance. These follow-up visits ensure that required actions have been completed.
What happens during an HSE inspection?
Knowing what to expect removes much of the anxiety. Here's the typical process.
Arrival and identification
An HSE inspector will:
- Arrive during reasonable working hours (usually without advance notice)
- Present their warrant card proving they are an HSE inspector
- Explain the purpose of their visit
- Ask to speak with the person responsible for health and safety
You have the right to verify their identity. A genuine inspector will have no problem waiting while you confirm their credentials.
Document review
The inspector will typically ask to see:
- Your health and safety policy (required if you have 5+ employees)
- Risk assessments for your activities
- Training records
- Accident and incident records
- Maintenance records for equipment
- COSHH assessments (if you use hazardous substances)
- Certificates (gas safety, electrical, equipment inspections)
They're checking that you have appropriate documentation and that it reflects what actually happens in your workplace.
Premises walkthrough
The inspector will walk around your workplace, looking at:
- General conditions and housekeeping
- How work is being carried out
- Whether control measures from risk assessments are in place
- Condition of equipment and machinery
- Storage of materials and substances
- Emergency arrangements (fire exits, first aid, etc.)
They'll observe whether your documented procedures match reality.
Employee conversations
Inspectors often speak with employees - not to catch them out, but to understand:
- Whether workers know about health and safety procedures
- If they've received appropriate training
- Whether they feel able to raise safety concerns
- What actually happens day-to-day
These conversations can be very revealing. An inspector quickly notices if staff don't know basic safety procedures or seem nervous about discussing safety.
Evidence gathering
Inspectors have powers to:
- Take photographs and measurements
- Collect samples of substances or materials
- Take copies of documents
- Require items to be left undisturbed for examination
- Seize articles or substances if there's immediate danger
This evidence-gathering supports any enforcement action and helps document the workplace conditions.
Your rights during an HSE inspection
You have important rights during any inspection:
The inspector must identify themselves
Always ask to see the warrant card. Legitimate inspectors expect this and will comply. If you're suspicious, you can call the HSE to verify the visit.
You can have someone with you
You're entitled to have another person present during the inspection - a colleague, manager, health and safety advisor, or legal representative. This person can take notes and provide support.
Reasonable times only
Inspectors can enter at any reasonable time, which generally means during your normal working hours. However, if there's an urgent safety concern, they can enter outside normal hours.
Ask questions
You can ask the inspector:
- Why they're visiting
- What they're looking for
- What they think of what they've seen
- What happens next
Most inspectors are happy to explain the process and discuss any concerns they identify.
You don't have to answer questions that might incriminate you
If questions move toward potential criminal liability, you have the right to seek legal advice before responding. However, for most routine inspections, open cooperation is the best approach.
Possible outcomes of an HSE inspection
The outcome depends entirely on what the inspector finds. There's a range of possible results.
No action
If the inspector finds good standards and no significant issues, they may simply thank you and leave. This is the best outcome and more common than you might think.
Verbal advice
Minor issues might result in informal guidance. The inspector might point out small improvements you could make, without any formal action. This advice is helpful, not punitive.
Written advice
For more substantive concerns that don't require formal enforcement, the inspector may provide written recommendations. You're expected to act on this advice, though it's not legally binding.
Improvement notice
If the inspector finds a breach of health and safety law, they can issue an improvement notice. This:
- Specifies what law has been breached
- Explains what needs to be done
- Sets a deadline for compliance (at least 21 days)
- Becomes a public record
You must comply by the deadline. Failure to do so is a criminal offence.
Prohibition notice
If there's a risk of serious personal injury, the inspector can issue a prohibition notice requiring you to stop the activity immediately. The notice:
- Can take immediate effect or be deferred
- Prohibits the activity until the risk is addressed
- Applies regardless of whether there's a legal breach
Prohibition notices are serious. Continuing the prohibited activity is a criminal offence.
Prosecution
In serious cases - particularly where there's been a fatality, serious injury, or deliberate disregard for safety - the HSE may prosecute. This happens through the courts and can result in:
- Unlimited fines
- Imprisonment for individuals (up to 2 years, or life for manslaughter)
- Criminal records for individuals and companies
Prosecution is reserved for the most serious cases. Most inspections don't lead anywhere near this outcome.
Fee for Intervention (FFI)
Here's something many businesses don't know about: if the HSE identifies a material breach of health and safety law during an inspection, you'll be charged for the inspector's time.
How FFI works
- The current rate is £163 per hour (as of 2024)
- This covers all the inspector's time, including the visit, investigation, correspondence, and writing up their findings
- Even minor breaches can trigger FFI
- The charge applies from the moment a material breach is identified
Costs can add up quickly
For a straightforward inspection revealing a single issue:
- 2-3 hours of inspector time could cost £326-489
For more complex issues requiring follow-up:
- 10+ hours easily becomes £1,630 or more
This is on top of any costs to remedy the breach itself.
Avoiding FFI
The only way to avoid Fee for Intervention is to have no material breaches when inspected. This means:
- Keeping documentation up to date
- Ensuring risk assessments are current and followed
- Maintaining equipment properly
- Training staff appropriately
- Addressing hazards before they become breaches
How to prepare for an HSE inspection
You shouldn't prepare because you're expecting an inspection. You should prepare because good preparation means good health and safety - and good health and safety protects your workers and your business.
Keep documentation organised
Know where to find:
- Your health and safety policy
- All risk assessments
- Training records (who was trained, on what, when)
- Equipment maintenance and inspection records
- Accident book and incident records
- COSHH assessments and safety data sheets
- Relevant certificates (gas, electrical, equipment)
Consider keeping a "compliance folder" with copies of key documents readily accessible.
Check your documentation is complete with our Document Checker
Train staff on health and safety basics
Employees should know:
- The key risks in their work
- What control measures are in place and why
- What to do in an emergency
- How to report concerns or accidents
- Where to find safety information
Training doesn't need to be elaborate, but it needs to be effective and documented.
Fix obvious hazards
Walk through your workplace with fresh eyes. Look for:
- Trailing cables or tripping hazards
- Blocked fire exits or emergency equipment
- Missing or damaged guards on equipment
- Poor housekeeping or waste accumulation
- Substances stored unsafely
If you can see a problem, an inspector certainly will. Fix issues promptly.
Know where your certificates are
Keep track of:
- Gas safety certificates
- Electrical installation certificates
- Equipment inspection reports (lifting equipment, pressure systems)
- PAT testing records
- Fire extinguisher service records
Being able to produce these quickly shows organisation and competence.
What to do if an HSE inspector arrives
Stay calm. The vast majority of inspections are routine and end without enforcement action.
Immediate steps
- Verify their identity - ask to see the warrant card
- Inform the right people - notify your manager, health and safety person, or whoever should be involved
- Be professional and cooperative - hostility or obstruction makes things worse
- Accompany them - or arrange for someone appropriate to do so
- Take notes - record what they look at, what they ask, and what they say
During the inspection
- Answer questions honestly and directly
- If you don't know something, say so - don't guess
- Don't volunteer information that wasn't asked for
- Point out positive things you're doing, without being defensive
- Ask for clarification if you don't understand something
- Request copies of any photographs taken
Before they leave
- Ask for their assessment of what they've found
- Request any informal advice in writing
- Confirm what happens next
- Get their contact details for follow-up questions
After the inspection: responding to notices
If you receive an improvement notice or prohibition notice, take it seriously but don't panic.
Review the notice carefully
Understand exactly:
- What breach is alleged
- What you're required to do
- What the deadline is
- Your right to appeal
You can appeal
If you believe the notice is wrong, you can appeal to an employment tribunal within 21 days. For improvement notices, the appeal suspends the notice until the tribunal decides. For prohibition notices, the notice remains in effect during the appeal unless the tribunal specifically suspends it.
Comply fully and on time
If you're not appealing (or the appeal fails), you must:
- Complete all required actions
- Do so before the deadline
- Document everything you've done
- Notify the HSE when you've complied
Consider getting professional help
If you're unsure how to comply, or if the requirements are complex, get advice from a health and safety consultant. The cost of professional guidance is far less than the consequences of non-compliance.
Frequently asked questions
Most small businesses, particularly those in low-risk sectors like offices and retail, are unlikely to ever receive a proactive HSE inspection. The HSE focuses its limited resources on high-risk industries and activities. However, any business could be inspected following a serious accident, a complaint, or as part of a targeted campaign.
Technically, an inspector needs your permission to enter private premises unless they have a warrant. However, refusing entry is almost always counterproductive. It raises suspicions, may prompt the inspector to obtain a warrant, and creates a poor impression. Cooperating openly is nearly always the better approach.
For routine inspections, a solicitor isn't necessary. However, if the inspection relates to a serious accident, potential prosecution, or you're uncertain about your legal position, having legal representation is sensible. You can ask the inspector to wait while you arrange for someone to attend.
Fee for Intervention (FFI) means you pay for the inspector's time if they find a material breach of health and safety law. The current rate is £163 per hour. The only way to avoid FFI is to ensure your business is fully compliant - no breaches means no charges. Even relatively minor breaches can trigger FFI, so maintaining good standards is important.
The bottom line
An HSE inspection doesn't have to be frightening. If you're taking health and safety seriously - keeping documentation current, training your staff, and maintaining safe working conditions - you have little to worry about.
The inspectors aren't trying to catch you out. They want businesses to protect their workers. If you're doing the basics right, an inspection is simply a conversation about how you manage safety, not a prelude to prosecution.
And remember: the real benefit of being "inspection ready" isn't passing an inspection. It's having a safer workplace where people don't get hurt. That's worth far more than avoiding a visit from the HSE.
Want peace of mind that your health and safety arrangements are up to standard? A professional review can identify gaps before any inspector does, giving you time to address issues on your terms.
Related articles:
- Health and Safety Policy: What You Need
- Risk Assessment Basics for Small Businesses
- RIDDOR: When and How to Report
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