In short
HSE inspectors can visit at any reasonable time, sometimes without warning. If they find a material breach and write to you about it, you pay a Fee for Intervention for their time: £188 an hour (HSE rates page, updated 1 April 2026). A continuing breach or a risk of serious personal injury can lead to an improvement or prohibition notice, which you can appeal within 21 days. Notices are published on HSE's public register.
Example
a Tuesday morning visit
An HSE inspector arrived unannounced at a house refurbishment in Leeds where Priya was site manager. She asked to see his warrant card, rang the director, Rob, and walked the site with him. He found a scaffold lift with a guard rail missing and served a prohibition notice on that lift. The team fixed the rail before lunch. Because he had found a material breach, an FFI invoice for his time followed. Rob now checks the scaffold inspection record every Monday.
An illustrative example, not a real case.
During the visit
- Inspectors can enter at any reasonable time, or at any time if they think a situation may be dangerous (section 20).
- You can ask to see their warrant card, which confirms who they are and what they can enforce.
- They may examine the work and equipment, take photographs and samples, ask to see records and talk to your workers.
- Intentionally obstructing an inspector is a criminal offence (section 33).
What can happen next
Advice
- What it means
- Spoken or written advice on improvements. It is free.
Notification of contravention
- What it means
- A letter setting out the law you have broken and what to do. You pay Fee for Intervention.
Improvement notice (section 21)
- What it means
- You must put the breach right within the time given, which is at least 21 days.
Prohibition notice (section 22)
- What it means
- Stops an activity that involves a risk of serious personal injury, straight away or from a set date.
Prosecution
- What it means
- For serious breaches, or for failing to comply with a notice.
Note: Failing to comply with a notice is a criminal offence. Notices go on HSE's public register 5 weeks after they are served and stay there for 5 years.
Fee for Intervention
Fee for Intervention (FFI) applies where HSE is the enforcing authority, which includes building sites, factories and farms.
- You only pay if the inspector finds a material breach and tells you in writing.
- The rate is £188 an hour (HSE rates page, updated 1 April 2026). It covers the whole visit and follow-up work, such as reports and specialist advice.
- Pay within 30 days. You can query an invoice free of charge, then dispute it in writing within 21 days of the reply.
- An independent panel decides disputes. If it rejects yours, you also pay for its time.
How to prepare and respond
- 01
Be ready
Keep risk assessments, RAMS, inspection and training records current and easy to find. Brief supervisors on what to do if an inspector arrives.
- 02
Make it safe
If you receive a prohibition notice, stop the activity and brief your team.
- 03
Fix the cause
Put the problem right, check for anything similar elsewhere, and keep evidence such as photos and records.
- 04
Talk, then appeal
If you disagree, speak to the inspector or their manager first. The 21 days to appeal run from the date the notice is sent.
What the courts have said
R v Tata Steel UK Ltd [2017] EWCA Crim 704
After a first injury, HSE served an improvement notice requiring checks on every production line; a second worker was then hurt on a machine lacking a simple interlock. The judge found that proper compliance with the notice would have prevented it, and treated the company as highly culpable.
Common questions
Can HSE inspectors turn up without warning?
Yes. HSE does not always say it is coming, and the law lets inspectors visit at any reasonable time. They still follow the government's code of practice on powers of entry.
How much does HSE charge per hour?
£188 an hour under Fee for Intervention (HSE rates page, updated 1 April 2026). You only pay if the inspector finds a material breach and tells you in writing.
How long do I have to appeal an improvement notice?
21 days, beginning with the date the notice is sent to you. You appeal to an employment tribunal, which accepts a late appeal only if it was not reasonably practicable to appeal in time.
Does an appeal stop the notice?
An appeal suspends an improvement notice until the appeal is decided. A prohibition notice stays in force unless the tribunal directs otherwise.
How NXT-HSE can help
NXT-HSE can audit your sites against the law and HSE guidance, advise you on responding to a notice or letter, and update your RAMS where a method needs to change. Your legal duties stay with your business.
Sources
- HSE: when a health and safety inspector calls (HSC14)
- HSE: what is Fee for Intervention?
- HSE: fees and charges, current rates
- HSE: find an improvement or prohibition notice
- Health and Safety at Work etc. Act 1974, section 24: appeals
- Employment Tribunals Regulations 2013, regulation 14A: appeal time limit
Sources checked 27 September 2026 against current Health and Safety Executive guidance and legislation. This guide is general information, not legal advice; your legal duties stay with your business.