HSE Enforcement Policy Statement



The HSE issued a new Enforcement Policy Statement in October 2015 which applies to all Britain’s enforcing authorities. It sets out for inspectors, employers, workers and the public the expected standards for the enforcement of health and safety in the workplace. The policy states that a prosecution should normally take place if one or more of the following circumstances apply:


• death was a result of a breach of the legislation;



• the gravity of an alleged offence, taken together with the seriousness of any actual or potential harm, or the general record and approach of the offender warrants it;



• there has been reckless disregard of health and safety requirements;



• there have been repeated breaches which give rise to significant risk, or persistent and significant poor compliance;



• work has been carried out without, or in serious non-compliance with, an appropriate licence or safety case;



• a duty holder’s standard of managing health and safety is found to be far below what is required by health and safety law and to be giving rise to significant risk;



• there has been a failure to comply with an improvement or prohibition notice; or there has been a repetition of a breach that was subject to a simple caution;



• false information has been supplied wilfully, or there has been an intent to deceive, in relation to a matter which gives rise to significant risk;



• inspectors have been intentionally obstructed in the lawful course of their duties.