What authority does the HSE have?

Written by Steven Mullan CertIOSH 16/12/2025

Health and Safety Executive (HSE) inspectors have wide-ranging legal powers in UK workplaces, backed by legislation designed to protect employees, the public, and anyone affected by work activities. Knowing what inspectors can and can’t do helps employers and workers respond confidently during an inspection or investigation.

Their role goes well beyond a routine site visit. HSE inspectors can investigate incidents, gather evidence, enforce compliance, and, where appropriate, support prosecutions actions that can have serious consequences for both businesses and individuals.

What powers do HSE inspectors have?

HSE inspectors are granted statutory powers under the Health and Safety at Work etc. Act 1974 and related regulations. These powers allow them to access premises, assess suspected breaches, and act quickly when safety is at risk.

Inspectors can enter workplaces at any reasonable time, and they can attend at any time if they believe there is a risk of serious injury or immediate danger. They do not need a warrant to enter, and they may be accompanied by the police if they expect obstruction, refusal, or conflict.

A key part of their authority is the ability to examine and investigate. Inspectors can take photos, measurements, and samples, and they can require evidence to be preserved. They can also demand access to relevant documents and records. In certain situations, they may formally interview people under caution and request written witness statements relating to an incident or breach.

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Do the HSE have more power than the police?

HSE inspectors don’t have more power than the police, but they do have specialist enforcement powers that police officers don’t usually hold in workplace health and safety. They work under different laws, with separate roles, although their responsibilities can sometimes overlap.

HSE inspectors can issue Improvement Notices, which require specific actions to be completed within a set timeframe. They can also issue Prohibition Notices, which can stop unsafe work immediately or prevent a dangerous activity from starting. These notice powers are specific to health and safety enforcement and aren’t tools used by police in routine workplace matters.

That said, the police generally have wider powers of arrest and detention. HSE inspectors can only arrest in limited circumstances, usually where they reasonably believe an offence has been committed under health and safety law and an arrest is necessary, for example to prevent evidence being destroyed or to ensure someone attends court.

What powers do health inspectors have?

Health inspectors employed by local authorities (not the HSE) have similar but slightly different powers, mainly aimed at public health protection. Their work often covers food safety, environmental health, and workplace health issues in certain sectors.

They can enter premises, inspect conditions, take samples, and serve enforcement notices, broadly comparable to the HSE’s approach. Their powers come from legislation such as the Food Safety Act 1990 and the Environmental Protection Act 1990.

HSE and local authority powers tend to overlap most in smaller workplaces and certain sectors. In general, the HSE is more likely to deal with higher risk or industrial settings, while local authorities commonly cover places like offices, shops, restaurants, and hospitality venues.

What Authority Does the HSE Have?

Power Type	Specific Authority	Legal Basis	Limitations
Entry Rights	Premises access without warrant	HSWA 1974 Section 20	Reasonable hours unless emergency
Investigation	Evidence gathering, interviews	HSWA 1974 Section 20	Must identify themselves and show credentials
Enforcement	Improvement/prohibition notices	HSWA 1974 Sections 21-22	Right of appeal to employment tribunal
Prosecution	Criminal proceedings	HSWA 1974 Section 38	Crown Prosecution Service involvement for serious cases
Seizure	Dangerous equipment/substances	HSWA 1974 Section 25	Compensation if seizure proves unnecessary

HSE Inspector Powers and Your Rights

SM Safety Training & Consultancy Ltd supports businesses across the UK to stay compliant, inspection ready, and confident when dealing with regulators.

The Health and Safety Executive (HSE) is the UK’s primary workplace health and safety regulator, established under the Health and Safety at Work etc. Act 1974. This legislation gives HSE inspectors significant legal powers to enter workplaces, investigate incidents, and take enforcement action where standards are not being met.

HSE influence also extends beyond inspections. Through guidance, standards, and enforcement strategy, the HSE shapes how entire industries approach workplace risk and compliance.

Understanding HSE Inspector Powers and Your Rights

There is a careful balance between the powers HSE inspectors hold and the rights of businesses and individuals. While inspectors have wide authority, they must use it lawfully, reasonably, and proportionately.

Understanding these powers helps employers respond properly during inspections and investigations, maintain a positive safety culture, and protect workers and the public. It also ensures you know what to expect, what you must provide, and what protections exist for your business and your people.

Government enforcement guidance is clear that these powers exist to secure compliance and prevent harm, not to punish responsible businesses unfairly. The best outcomes normally come when organisations cooperate, provide requested evidence, and demonstrate a genuine commitment to continual improvement.

At SM Safety Training & Consultancy Ltd, we help you prepare for inspections, respond to enforcement action, and strengthen compliance through practical, real-world support.

Three key points to remember

• HSE inspectors have extensive statutory powers, including entry, investigation, and enforcement through notices and prosecution• Their powers are specialist and focused on workplace health and safety, complementing rather than exceeding police powers• Understanding these powers improves compliance, supports better engagement during inspections, and helps you respond correctly if enforcement action is taken.

Need support with inspections or compliance?

Speak with SM Safety Training & Consultancy Ltd

Contact: 01980 731706

Email: steve@smsafetytraining.com

Website: www.smsafetytraining.com

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Frequently Asked Questions

• Can HSE inspectors enter my workplace without permission?

  Yes. Inspectors have the legal right to enter workplaces at reasonable times without prior notice, and at any time if there is a risk of serious harm.

  
  

• What happens if I refuse to cooperate with an HSE inspector?

  Obstruction is a criminal offence and can lead to prosecution, fines, and further enforcement action.

  
  

• Can HSE inspectors take equipment or documents?

  Yes. Inspectors may seize and retain items or documents relevant to an investigation. They should provide a receipt and return items when they are no longer needed.

  
  

• Do inspectors need to show identification?

  Yes. Inspectors must carry official identification and should produce it when exercising their powers.

  
  

• Can HSE inspectors interview employees privately?

  Yes. Inspectors can interview anyone they believe has relevant information. Employees can ask to be accompanied by a colleague or trade union representative.

  
  

• What is the difference between improvement and prohibition notices?

  Improvement notices require issues to be fixed within a set timeframe. Prohibition notices stop unsafe activities immediately.

  
  

• Can the HSE prosecute companies directly?

  Yes. The HSE can prosecute both organisations and individuals for health and safety offences through the courts.

  
  

• Are there limits to HSE inspector powers?

  Yes. Inspectors must act within their legal authority and apply powers reasonably and proportionately.

  
  

• Can HSE inspectors require medical examinations?

  In some situations, inspectors can require medical examinations where work may be affecting health, carried out by appropriately qualified medical professionals.

  
  

• How long do HSE investigations take?

  It depends on complexity. Minor issues may be resolved quickly, while serious incidents can take months or longer.

  
  

• Can inspectors access confidential business information?

• Yes, if relevant to the investigation. Inspectors are bound by confidentiality requirements and can only use information for proper enforcement purposes.

  
  

• Can HSE decisions be appealed?

  Yes. Most enforcement decisions can be appealed through formal legal routes, depending on the type of action taken.

  
  

• Do HSE inspectors work with other agencies?

  Yes. The HSE often works with local authorities, police, fire services, and other regulators where responsibilities overlap.

  
  

Want to learn more?

Understanding HSE inspector powers, enforcement action, and your legal duties is a key part of effective health and safety management.

Why not take this knowledge further by attending one of our IOSH or NEBOSH accredited courses? Our courses are delivered by experienced practitioners and focus on real world application, not just theory, helping you confidently manage inspections, enforcement action, and ongoing compliance.

At SM Safety Training & Consultancy Ltd, we deliver flexible training via Microsoft Teams and face to face, supporting managers, supervisors, and safety professionals at every stage of their journey.

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"Safety Through Knowledge"

What authority does the HSE have?