Introduction to Health and Safety at Work

1.11.4 Enforcement of the Act
Powers of inspectors
Inspectors under the Act work either for the HSE or the 
Local Authority. Local Authorities are responsible for 
retail and service outlets such as shops (retail and whole-
sale), restaurants, garages, offi ces, residential homes, 
entertainment and hotels. The HSE are responsible for 
all other work premises including the Local Authorities 
themselves. Both groups of inspectors have the same 
powers. The detailed powers of inspectors are given in 
Chapter 17. In summary an inspector has the right to:
➤
enter premises at any reasonable time, accompan-
ied by a police offi cer, if necessary
➤
examine, investigate and require the premises to be 
left undisturbed
➤
take samples, photographs and, if necessary, dis-
mantle and remove equipment or substances
➤
require the production of books or other relevant 
documents and information
➤
seize, destroy or render harmless any substance or 
article
➤
issue enforcement notices and initiate prosecutions.
Figure 1.7
Employees at work.
Figure 1.8
The inspector inspects.

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Health and safety foundations
13
An inspector may issue a formal caution when an offence 
has been committed but it is deemed that the public 
interest does not require a prosecution. Formal cautions 
are not normally considered if the offender has already 
had a formal caution.
Enforcement notices
There are two types of enforcement notices.
Improvement notice
– This identifi es a specifi c breach 
of the law and specifi es a date by which the situa-
tion is to be remedied. An appeal must be made to the 
Employment Tribunal within 21 days. The notice is then 
suspended until the appeal is either heard or withdrawn.