• 29 Aug 2024
• •
• 3 min read

What powers do health and safety inspectors have?

A Health and Safety Inspector (often referred to as an HSE inspector) from the Health and Safety Executive or a local authority has extensive powers under Section 20 of the Health and Safety at Work etc. Act 1974 (HSWA) to enforce workplace health and safety laws.

We’ve outlined the HSE’s powers below, but it’s important to note that one key power relates to the taking of statements. It’s important to understand whether a health and safety inspector is inviting you or a member of your staff to give a voluntary statement or invoking their authority to take a statement under Section 20 of the HSWA. This distinction is significant because a statement made under Section 20 cannot be used against the person who made the statement in any subsequent legal proceedings.

Failing to comply with a health and safety inspector’s lawful requests could result in prosecution for obstruction, so it’s essential to know what powers an inspector has.

Health and safety inspectors have the following powers under the HSWA:

• Entry to premises: Inspectors can enter any premises at a reasonable time (or at any time if there is a dangerous situation) without an appointment. If you are unsure of their identity, ask to see their warrant. The inspector may be accompanied by a police officer if they anticipate being obstructed.
• Examinations and investigations: Carrying out any examination or investigation as may be necessary.
• Preserving evidence: Inspectors can direct that premises remain undisturbed and may take measurements, photographs, recordings and samples of any articles or substances found.
• Testing and making safe: They can perform tests, or ensure the safety of, any articles or substances which have caused or are likely to cause danger to health or safety.
• Seizure and detention: Inspectors can seize and detain any articles or substances which have caused or are likely to cause danger to health or safety and can detain them for so long as is necessary for them to be examined or to ensure that they are not tampered with and are available for use as evidence.
• Obtaining Information: Inspectors can require any person they reasonably believe is able to give relevant information to answer questions and sign a declaration of truth. While witnesses often give statements voluntarily, inspectors can invoke their authority to obtain information. A witness giving a statement under Section 20 can nominate someone to be present at the meeting with the inspector and is protected to the extent that anything they say in response to being required to give information cannot be used against them in any proceedings.
• Document inspection: Inspectors can require the production of, inspecting or taking copies of, any entry in any books or documents which by law the business is required to keep and any other books or documents which it is necessary for the inspector to see. If the inspector is exercising this power, they can only take copies of relevant documents; they are not allowed to retain original documents. If the inspector is unable to copy a document at the premises, they can take away the document to copy it but must return it as soon as the copy has been taken. Also, none of the powers that an inspector has allows them to take copies of any documents which may be covered by legal professional privilege, which may well include correspondence with a solicitor. If in doubt, take advice from your solicitor.
• Provision of facilities: Inspectors can require facilities and assistance to be provided, such as an office for interviews.
• Other necessary powers: Inspectors can exercise any other power necessary to enforce workplace health and safety law. For example, requiring you to print out any relevant information from computers or hand over original documents. However, this power must be used only when necessary, justified and proportionate. If an inspector does not exercise their powers properly, a court in any subsequent criminal prosecution may rule that any evidence gathered as a result cannot be used in the court proceedings.

If an inspector enters your premises under Section 20, they cannot search the premises or seize items without your informed and written consent, which you are not obligated to provide.

How can we help?

If you need any assistance with understanding what a health and safety inspector can and cannot do, then please get in touch with us on 023 8032 1000 and our health and safety solicitors will be delighted to help.