legal update / 29th Jan 2026
SECTION GUIDE
Health and safety enforcement doesn’t only turn on what happened on site. It also turns on how an organisation responds when the regulator arrives. A recent prosecution involving a roofer shows the courts take an especially dim view of one issue: refusing to co-operate with an HSE inspector’s lawful requests.
For SME employers and contractors, this is a commercial reality check. Even if you believe the underlying safety issue can be fixed quickly, failing to engage professionally and lawfully with the regulator can trigger prosecution, costs, and court orders — fast.
HSE attended a domestic property where roof replacement work was being carried out without scaffolding. Given the immediate risk, the inspector served a prohibition notice, stopping the work until it could be made safe.
Following the visit, the inspector exercised powers under Section 20 of the Health and Safety at Work etc. Act 1974 (HSWA) to require information — including details of those working on the roof. The roofer failed to provide the requested information and was verbally abusive to the inspector.
The roofer pleaded guilty to breaching HSWA s.20(2) (failing to comply with a requirement imposed by an inspector). At Plymouth Magistrates’ Court (reported as 25 November 2025), he was fined £400 and ordered to pay £3,852 in costs.
The court also granted an order under HSWA s.42, compelling him to provide the information that had been requested — reported as due by 1 March 2026.
Section 20 HSWA gives inspectors legal authority to require information, documents and cooperation. Refusing to comply can lead to prosecution even before the regulator (or court) gets into the full detail of the underlying safety failings. The lesson is blunt: non-cooperation is not a negotiating stance — it is a legal risk.
Inspections are often as much about confidence and credibility as paperwork. Early, professional cooperation can reduce escalation and keep the interaction focused on corrective action. Defensive behaviour, delay, aggression or evasion tends to do the opposite — it invites deeper scrutiny, firmer enforcement, and higher overall cost.
Well-run health and safety arrangements don’t just reduce incidents — they reduce chaos during inspections. When responsibilities are clear, risk assessments are current, and evidence is easy to produce, organisations can respond calmly and defensibly. Where arrangements are informal or outdated, even minor issues can quickly compound into enforcement action and reputational damage.
Under HSWA s.20, inspectors from the HSE and local authorities have wide-ranging powers to enter premises, investigate activities, and secure evidence for enforcement decisions. These powers exist to assess compliance and intervene where there is risk of harm.
Inspectors may enter workplaces at reasonable times, inspect work activities, and direct that areas, plant or substances are left undisturbed for investigation.
Inspectors may take photographs, measurements and samples, and in relevant circumstances can dismantle or test items. They also have powers to seize and remove items where necessary for examination or to prevent tampering.
Inspectors can require the production of documents (including electronic records) and can require people to provide information and answer questions relevant to an investigation.
Inspectors can require employers to provide necessary facilities and assistance to enable them to exercise their powers effectively (for example, access to systems, suitable space, or a competent representative).
Check official identification and ensure the inspector is promptly introduced to the most appropriate senior person present. Set a professional tone — it matters.
Provide safe access, answer questions honestly, avoid speculation, and ensure managers/supervisors are available. The goal is to be calm, factual and helpful — not defensive.
Be ready to produce core evidence such as your health and safety policy, risk assessments, training records, maintenance/inspection logs, accident records and RIDDOR documentation (where applicable). Delays and gaps are avoidable credibility hits.
Inspectors may wish to speak with employees and safety representatives privately. This should be supported and not managed or influenced.
At close, inspectors typically explain findings and next steps (which may include improvement/prohibition notices, Fee for Intervention, or prosecution in serious cases). Record deadlines, confirm contacts, and action items quickly. Failing to comply with notices can itself become a criminal offence.
Preparation reduces risk and improves outcomes. impact HR has created a practical checklist to help employers get ready for an inspector’s visit, including documentation readiness, responsibilities, inspection conduct and post-visit follow-up.
Download – Prepare for an HSE Inspector visit checklist
HSE - Roofer sentenced for refusing to co-operate with HSE 
Search Legislation Title: Year: Number: Type: All UK Legislation (excluding originating from the EU) SearchAdvanced Search Health and Safety at Work etc. Act 1974 Construction Management - Roofer sentenced after ‘flagrant disregard’ for HSE UK roofer sentenced after ignoring and abusing HSE inspector Your Questions Answered
Refusing to comply with lawful requests (for example, providing required information) can lead to prosecution and court-ordered compliance, as shown in the roofer case.
Yes. Non-compliance with inspector requirements can be treated as a separate offence. Fixing issues is important, but it does not remove the duty to co-operate lawfully.
A prohibition notice stops work that presents a risk of serious personal injury until it can be made safe. In this case it was used due to work at height without scaffolding.
They include powers to enter and inspect premises, take measurements/photos/samples, require documents and information, and take steps necessary to perform their functions.
Yes — Section 20 powers apply to inspectors enforcing health and safety law, including those from local authorities, within their remit.
Yes. Section 20 powers cover records and documents needed for investigations, including those held electronically.
Common requests include a health and safety policy, risk assessments, training/competence records, equipment inspection logs, accident records and RIDDOR reports (where applicable).
It is a court order compelling compliance with certain requirements, which in this case required the roofer to provide information previously requested by HSE.
Depending on circumstances and the offence, personal liability can arise, particularly where failures involve consent, connivance or neglect. (This is fact-specific; take legal advice for your situation.)
Keep controls proportionate but live: clear responsibilities, current risk assessments, auditable training/competence records, and managers who know how to engage during inspections.
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