Powers of the HSE

Property Developer Fined for  Multiple Construction Site Failures

18th March 2025

A London property developer has been fined £63,000 plus costs after Britain’s workplace regulator found multiple failures at a construction site in Dalston.

Nofax Enterprises Limited was investigated by the Health and Safety Executive (HSE) following four visits to its site on Dalston Lane over a 13 month period between 2020 and 2021. The company was overseeing the construction of a four storey building on the site, containing nine flats and large basement to house a youth club.

However, the failures identified by HSE inspectors – including multiple working at height risks, poor fire precautions and exposure to large amounts of silica dust – were so serious, that they resulted in the site being closed down on two separate occasions. Other breaches of the law included failing to protect workers from exposure to wood dust, as well as insufficient covid and welfare controls.

 

Exposure to either wood or silica dust can result in very serious and life threatening health conditions, including asthma, nasal and lung cancers, chronic obstructive pulmonary disease and silicosis. HSE provides a range of guidance for stone workers and those working with wood.

In total, 9 enforcement notices were served against the company for the Dalston Lane site, including five prohibition notices. The subsequent HSE investigation included inspections at other sites operated by the company, identifying a poor health and safety culture and systemic management failings.

Owing to the repeated poor performance and lack of compliance to basic health and safety, Nofax Enterprises Limited, of Maldon, Essex pleaded guilty to breaches of sections 2(1) and 3(1) of the Health & Safety at Work etc. Act 1974. Following the hearing at Southwark Crown Court on 18th March 2025, the company was ordered to pay a total of £88,812.68 which included a fine of £63,000, costs of £25,622.

 

 

In summing up, the judge stated that despite repeated visits by HSE and multiple notices being served, risks subsisted over a long period and the company failed to make any appropriate changes. The judge concluded by saying that there had been a systemic failure within the organisation to manage health and safety.

After the hearing, HSE inspector Gordon Nixon said: “This company showed a total disregard to keeping its workers safe.

“They failed to meet even the most basic health and safety standards, continually exposing operatives to serious risks.

“HSE will not wait until workers are seriously injured, or worse and will take appropriate action including prosecutions when health and safety regulations are so blatantly flouted.”

 

Powers of the HSE

 

The Health and Safety Executive (HSE) inspectors have extensive powers under Section 20 of the Health and Safety at Work etc. Act 1974 (HSWA) to enforce workplace health and safety laws. These powers include:

 

• Entry: HSE inspectors can enter any premises they believe necessary for enforcement purposes at reasonable times, or at any time if they suspect a dangerous situation.
• Examination and investigation: They can examine and investigate any part of the premises, equipment, or substances.
• Preservation of evidence: Inspectors can order areas to be left undisturbed for examination or investigation purposes.
• Documentation: They can require the production of, inspect, and take copies of relevant documents.
• Interviews: Inspectors can require anyone they believe might have relevant information to answer questions and sign a declaration of truth.
• Evidence collection: They can take measurements, photographs, recordings, and samples.
• Seizure and testing: Inspectors can take possession of articles and substances that appear to have caused or may cause danger, and carry out tests on them.
• Issuing notices: They can serve prohibition or improvement notices.
• Work stoppage: HSE inspectors have the power to stop work temporarily or for longer periods.
• Police assistance: If they anticipate serious obstruction, they may bring a police officer.

 

It’s important to note that these powers must be exercised in a way that is compatible with the European Convention on Human Rights, ensuring that their use is necessary, justified, and proportionate. Failing to comply with an inspector’s lawful requests could result in prosecution for obstruction.

 

What are the consequences of obstructing an HSE inspector

Obstructing an HSE inspector is a serious offense with significant consequences. The penalties for this action include:

• Fines: Offenders can face substantial fines. For offenses committed on or after March 12, 2015, there is no upper limit on the fine that can be imposed.
• Imprisonment: Obstructing an inspector can result in a prison sentence of up to six months.
• Combined penalties: The court may impose both a fine and imprisonment for this offense.
• Criminal record: A conviction for obstructing an HSE inspector results in a criminal record, which can have long-lasting personal and professional consequences.
• Prosecution: The HSE may decide to prosecute individuals or organisations for this offense, especially in more serious cases.
• Additional scrutiny: Obstructing an inspector may lead to increased attention from the HSE, potentially resulting in more frequent inspections or stricter enforcement actions.

 

It’s important to note that these penalties apply specifically to intentionally obstructing an HSE inspector in the course of their duties. The severity of the punishment may depend on the circumstances and the discretion of the court. To avoid these consequences, it is crucial to cooperate fully with HSE inspectors during their visits and investigations.

 

How can I appeal if I disagree with an HSE inspector’s decision

If you disagree with an HSE inspector’s decision, you can appeal through the following process:

• Initial contact: Before making a formal appeal, contact the inspector directly. They may be able to review the decision or refer it to their manager.
• Email your appeal to appeals@hse.gov.uk within 10 days of being notified of the outcome.
  • Formal appeal: If the issue remains unresolved, you can submit a formal appeal:
  • Alternatively, you can write to the Health and Safety Executive at their Bootle address.
• Appeal Content:Clearly explain why you believe the decision is incorrect and include any new information to support your case.
• Tribunal process: For enforcement notices, appeals must be submitted to an Employment Tribunal using form ET1 (or ET1A for multiple notices) within 21 days of receiving the notice.
• Evidence consideration: The tribunal can consider new evidence that wasn’t available to the inspector at the time of the decision, which may strengthen your case.
• Legal assistance: Consider engaging legal representation, especially for complex cases or when appealing prohibition notices.
• Suspension of notices: An appeal automatically suspends an improvement notice. For prohibition notices, youcan apply to the tribunal for a suspension while the appeal is pending.Remember that the appeal process is time-sensitive, so act promptly if you decide to challenge an HSE inspector’s decision.

What evidence should I include in my appeal to the HSE

When appealing an HSE inspector’s decision, you should include the following evidence in your appeal:

• Detailed explanation: Clearly state why you believe the decision is incorrect, providing specific reasons and any new information that supports your case.
• Documentary evidence: Include relevant documents such as:
  • Company records
  • Registers
  • Plans
  • Examination reports
  • Risk assessments
  • Method statements
• Physical evidence: If applicable, provide:
  • Parts of machinery
  • Samples
  • Photographs
  • Videos
  • CCTV recordings
• Expert reports: Submit any expert analysis or testing results that support your position, such as the strength test results in the Chevron North Sea Ltd case.
• Previous correspondence: Include any relevant HSE letters or enforcement notices that constitute previous advice.
• Witness statements: Prepare statements from witnesses who can provide relevant information about the situation.
• Medical evidence: For medical-related appeals, include recent medical evidence and reports from your healthcare providers.
• Financial information: If appealing a medical card decision, provide accurate income and expense details.

 

Remember to submit your appeal within the specified timeframe, typically within 21 days of receiving the notice for enforcement notices. If you’re unsure about the evidence to include, it’s advisable to seek legal assistance, especially for complex cases or when appealing prohibition notices.

Prohibition Notices

Prohibition notices are formal documents issued by HSE inspectors or local authority inspectors to stop work activities that pose an imminent risk of serious personal injury or ill health.

Key aspects of prohibition notices include:

 

• Immediate effect: They typically require an activity to stop immediately and not recommence until corrective action has been taken.
• Types:
  • Immediate notice: Stops the activity immediately until the risk is reduced.
  • Deferred notice: Stops the activity within a specified time limit.
• Issuance: Only authorised inspectors from the HSE or local authority environmental health departments can issue prohibition notices.
• Appeals: Recipients can appeal within 21 days of receiving the notice. However, unlike improvement notices, prohibition notices are not automatically suspended during the appeal process.
• Compliance: Failure to comply with a prohibition notice is a criminal offense, punishable by fine and/or imprisonment.
• Suspension: Appellants can apply to the tribunal for a direction to suspend the notice’s operation until the appeal is heard.

Prohibition notices are more serious than improvement notices and are used for severe health and safety problems that require immediate action to protect workers and the public.

Improvement Notices

Improvement notices are formal enforcement tools issued by HSE inspectors when they believe a person or organisation is contravening health and safety laws, or has done so in a way that suggests the contravention will continue or be repeated. Key aspects of improvement notices include:

• Purpose
  • They require the recipient to take specific steps to remedy a breach of health and safety law.
  • The notice aims to ensure compliance with relevant statutory provisions.

• Contents
  An improvement notice must:

• • Specify the health and safety law being contravened.
  • Provide details of the inspector’s reasons for issuing the notice.
  • Outline the corrective actions required to address the breach.
  • Specify a compliance period, which must be at least 21 days from the date of issue.

• Compliance Period
  • The minimum compliance period is 21 days, allowing time for appeals.
  • The inspector determines the timeframe based on the seriousness of the breach and how quickly it can be remedied.

• Effect of Appeal
  • If an appeal is lodged within 21 days, the operation of the improvement notice is suspended until the appeal is resolved.
• Legal Basis – Improvement notices are issued under Section 21 of the Health and Safety at Work Act 1974.
• Consequences of Non-Compliance – Failure to comply with an improvement notice can lead to prosecution, fines, or other enforcement actions.

 

Improvement notices provide employers with an opportunity to correct issues without immediate cessation of work, distinguishing them from prohibition notices, which stop unsafe activities immediately.

 

Fee for Intervention (FFI)

Fee for Intervention (FFI) is a cost recovery scheme operated by the Health and Safety Executive (HSE) in the UK. Key aspects of FFI include:

• Purpose and ApplicationFFI allows the HSE to recover costs from businesses that are found to be in material breach of health and safety laws. It applies to dutyholders where HSE is the enforcing authority, including employers, self-employed individuals who put others at risk, companies, partnerships, and public bodies.
• Cost and ChargingAs of April 1, 2024, the HSE charges £174 per hour for FFI. This rate applies to:

• • Time spent identifying the breach
  • Helping to rectify the issue
  • Investigating the case
  • Taking enforcement action

The total cost depends on the complexity and duration of the intervention.

• Material BreachA material breach is a contravention of health and safety law serious enough for an HSE inspector to formally notify the business in writing. It may fall under categories such as:
• • Failure to control a significant risk.
  • Lack of appropriate management systems.
  • Failure to comply with an established standard of good practice.
• Invoicing and PaymentThe HSE sends invoices every two months as fees accumulate, with payment expected within 30 days of receipt.
• Appeals ProcessBusinesses have the right to challenge FFI charges through a formal appeals process:
• • Submit an appeal within 21 days of receiving the FFI invoice.
  • Provide detailed reasons for disputing the charge.
  • An independent panel appointed by the HSE will review the appeal.

• Avoiding FFI
  To avoid FFI charges, businesses should:
• • Comply with health and safety laws.
  • Implement appropriate management systems.
  • Control significant risks.
  • Follow established standards of good practice.

By maintaining proper health and safety practices, businesses can avoid FFI charges and ensure a safer working environment.