These are the general factors that the HSE inspector will consider, the level of action to take against a dutyholder, they will arrive on site and form an opinion based on the following factors:

Is there a relevant incident history?

The HSE Inspector will consider if the dutyholder has a history of related incidents, or there is evidence of:

  • Related incidents
  • Accidents
  • Cases of ill health and/or dangerous occurrences
Does the dutyholder have a history of relevant enforcement being taken against them?

Has Enforcement action has been taken against the dutyholder on the same or similar issues verbal warning, letter requiring action, notice or prosecution.

Is the dutyholder deliberately seeking economic advantage?

Is the dutyholder deliberately avoiding minimum legal requirements for commercial gain. Failing to price for or provide scaffolding for high roof work.

What is the level of actual harm?

What is the level of actual harm that could be sustained either by an ‘serious personal injury’ or ‘serious health effect’ that has occurred as a result of the matter under consideration.

What is the inspection history of the dutyholder?

If the dutyholder has an inspection history of significant problems, copious advice and poor inspection ratings, there is a greater chance that a notice would be served.

What is the standard of general conditions?

There is a general failure of compliance across a range of issues, including those matters related to the activity being considered through the Enforcement Management Model (EMM)

For Further information from HSE click here

These would include:

  • Failure to address risks arising from hazardous substances
  • Machinery
  • Transport
  • Vibration
  • Noise
  • Inadequate welfare facilities
Does inspector’s assessment of the dutyholder give confidence the dutyholder can and will comply?

The HSE inspector will make a judgement whether the dutyholder is both fully capable of, and is strongly committed to, compliance with the law through the effective management of health and safety and can be trusted to put the matter(s) right.

Refer to the Enforcement Management Model (EMM) issued by the HSE found here