What happens during a health and safety inspection?
During an inspection, a health and safety officer (from the HSE or local authority) will visit your premises to assess whether you’re complying with the law. They’ll check documentation such as risk assessments, training records and accident reports, and may tour the site to observe working practices. They may speak to staff and inspect equipment or welfare facilities. In Birmingham, inspections can be random or triggered by complaints, accidents or high-risk activity. If issues are found, the inspector may give verbal advice, issue a written warning or serve an enforcement notice. The best approach is to stay inspection-ready — keeping records up to date and involving staff in maintaining a safe workplace.
Who carries out workplace audits?
Health and safety audits can be carried out internally by a competent person or externally by a qualified consultant. Larger businesses often have a health and safety officer who handles audits, while smaller companies in Birmingham may bring in third-party assessors to review their compliance. Audits go beyond inspections — they assess your overall health and safety system, policies, procedures, and how effectively they’re followed. An audit identifies strengths and weaknesses, offering recommendations for improvement. Regular audits help you stay legally compliant, reduce risks and demonstrate that you take health and safety seriously. They also prepare you for any formal inspections from authorities like the HSE.
Can I be prosecuted for poor health and safety?
Yes, if you fail to meet your legal duties, you can face prosecution. This applies to both businesses and individual directors or managers. Cases are brought by the HSE or local authority and may result in fines, court appearances or imprisonment in serious instances. Common causes include not carrying out risk assessments, ignoring known hazards, failing to report incidents, or not following improvement notices. In Birmingham, recent prosecutions have involved unsafe work at height, poor fire safety, and serious injuries due to unguarded machinery. Taking health and safety seriously protects lives, avoids reputational damage and keeps your business on the right side of the law.
What are the penalties for non-compliance?
Penalties for health and safety breaches range from improvement notices and fixed fines to unlimited fines or even imprisonment in the most serious cases. The severity depends on the level of risk, harm caused and how proactive you’ve been. For example, a small oversight with no injury may result in advice or a written notice. A serious injury due to clear neglect could lead to prosecution. In Birmingham, HSE officers and local environmental health teams enforce compliance across a wide range of industries. Financial penalties can be significant, especially if you’re seen to have ignored warnings or failed to act on known hazards.
How can I prepare for a HSE visit?
Keep your documentation up to date — risk assessments, safety policies, training records, accident logs and equipment maintenance checks should be easily accessible. Make sure your staff know what to do in an inspection and are aware of your procedures. Walk through your site regularly to spot and fix issues before they’re flagged. In Birmingham, HSE visits are often unannounced, so staying ready is key. Make sure safety signage, fire exits and PPE usage are all in place and compliant. If you’ve had a previous visit, be prepared to show what actions you’ve taken. A confident, organised response sets the tone and builds trust with the inspector.
What is an enforcement notice?
An enforcement notice is a legal document issued by a health and safety inspector when they find serious failings. There are two types:
Improvement Notice: You must fix a problem by a set deadline.
Prohibition Notice: You must stop dangerous work immediately until it’s made safe.
Notices explain what the issue is, why it’s a risk, and what you must do. In Birmingham, both HSE and local authorities issue enforcement notices, and failing to comply with one can lead to prosecution. If you receive a notice, act quickly and seek professional advice if needed. Rectifying issues promptly shows you’re taking the situation seriously and may prevent further action.
How do I respond to a Prohibition Notice?
You must stop the specified activity immediately. A Prohibition Notice is served when there’s a serious risk to health or safety — such as unsafe scaffolding or unguarded machinery. You cannot resume the work until the issue is resolved and confirmed safe. Review the notice carefully, fix the problem, and keep clear records of what was done. You can request clarification or appeal the notice if you disagree, but this must be done promptly. In Birmingham, ignoring a Prohibition Notice is taken seriously and can lead to prosecution. The best response is to act fast, cooperate with the inspector, and ensure the hazard is properly controlled before work resumes.
What records must I keep to prove compliance?
You should keep the following key records:
Risk assessments and health and safety policy
Staff training and induction logs
Accident and near-miss reports
Equipment maintenance and inspection reports
Fire safety checks and evacuation drills
First aid arrangements
RIDDOR reports (if applicable)
These records should be kept secure, organised and available for review. In Birmingham, inspectors expect to see this documentation during audits or investigations. Digital systems can help you track updates and automate reminders. Keeping clear records not only proves compliance — it helps identify trends, spot risks early and create a safer, more transparent working environment for everyone.
Can I appeal an HSE decision?
Yes, you can appeal certain decisions made by the Health and Safety Executive, such as enforcement notices. The appeal process usually involves applying to an employment tribunal within 21 days of receiving the notice. You must explain why you believe the decision was incorrect or unfair. It’s wise to seek legal or professional health and safety advice before proceeding. In Birmingham, businesses have successfully appealed notices when they’ve provided strong evidence that they were compliant or that the inspector misunderstood the situation. However, appealing doesn’t automatically suspend the notice — particularly with Prohibition Notices. Always comply in the meantime to avoid further action.
