HSE Investigations: What Every UK Business Should Do in the First 24 Hours

A serious workplace incident can place a business under immediate legal, operational and reputational pressure. Management may need to assist an injured person, make the area safe, communicate with employees and determine whether the incident must be reported to the Health and Safety Executive.

The first 24 hours can significantly affect the course of an HSE Investigation. Decisions made during this period may influence the quality of the evidence, the regulator’s assessment of the business and the organisation’s ability to respond effectively to potential enforcement action.

Businesses should act quickly but carefully. The priority must always be protecting people and preventing further harm. At the same time, relevant evidence should be preserved, reporting obligations assessed and appropriate advice obtained from Health and Safety Solicitors or experienced Health and Safety Consultants.

This guide explains the immediate steps UK businesses should take following a workplace incident or the start of an HSE Investigation.

What Can Trigger an HSE Investigation?

The Health and Safety Executive is responsible for regulating and enforcing workplace health and safety law across a wide range of industries. Local authorities also enforce health and safety requirements in certain workplaces.

An HSE Investigation may begin following:

• A fatal workplace accident
• A serious injury to an employee
• An injury to a member of the public
• A dangerous occurrence or near miss
• A report of occupational disease
• A RIDDOR report
• A complaint from an employee or member of the public
• Information supplied by another regulator
• A planned inspection or targeted enforcement campaign
• Concerns about exposure to hazardous substances
• Unsafe machinery, equipment or working practices
• Work at height or construction safety concerns
• A failure to comply with an existing enforcement notice

Not every incident results in formal enforcement action. However, inspectors have extensive powers to investigate potential breaches, obtain documents, examine equipment and speak to relevant individuals.

The seriousness of the incident, the level of risk and the business’s previous HSE Compliance history may all influence the regulator’s response.

The First 24 Hours After a Workplace Incident

The first 24 hours should be managed through a coordinated incident response. Businesses should avoid allowing different managers to take conflicting action or communicate inconsistent information.

The following steps should be prioritised.

1. Protect people and make the area safe

Emergency assistance must come first. Call the emergency services where required and ensure that injured individuals receive appropriate treatment.

Any continuing danger should be controlled immediately. This may involve:

• Stopping machinery
• Isolating electrical equipment
• Suspending a work activity
• Evacuating part of the premises
• Preventing access to an unsafe area
• Securing hazardous materials
• Arranging temporary structural support

The business should not resume an activity simply to maintain production where doing so could expose employees or the public to further risk.

2. Preserve the incident scene

Once immediate dangers have been controlled, the scene should be preserved as far as reasonably possible.

Equipment, machinery and materials should not be moved unnecessarily. However, items may need to be moved to rescue an injured person or remove an immediate danger. Any changes should be documented carefully.

Photographs and video footage should be taken where appropriate. The business should record the position of equipment, controls, guards, warning signs and relevant environmental conditions.

Preserving the scene assists both the HSE Investigation and the organisation’s own internal review.

3. Identify and preserve evidence

Evidence can be lost quickly after a workplace incident. CCTV may be overwritten, digital records changed automatically and witnesses may forget important details.

The business should immediately preserve:

• CCTV recordings
• Photographs and video footage
• Accident book entries
• Risk assessments
• Method statements
• Training records
• Maintenance and inspection records
• Equipment manuals
• Permit-to-work documents
• Shift records and rotas
• Emails and internal messages
• Contractor documentation
• Personal protective equipment records
• Previous complaints or incident reports
• Relevant policies and procedures

Documents should not be altered retrospectively. If a new note is required, it should be dated and clearly identified as having been prepared after the incident.

4. Identify witnesses

The names and contact details of employees, contractors, customers and other witnesses should be recorded.

A short initial account may help preserve the witness’s recollection. Witnesses should be asked to describe what they personally saw or heard rather than speculate about the cause.

Managers should not coach witnesses or encourage them to agree a common version of events. Doing so may undermine the credibility of the evidence and create further concerns during an HSE Investigation.

5. Notify the appropriate people

Senior management, the organisation’s health and safety lead and relevant insurers should be notified promptly.

Depending on the circumstances, the business may also need to contact:

• Its legal advisers
• Health and Safety Consultants
• A trade union or employee representative
• The equipment manufacturer
• A landlord or property manager
• A principal contractor or client
• Another regulator
• The local authority
• The Health and Safety Executive

Businesses should check the terms of their insurance policies because late notification may affect coverage.

6. Consider obtaining legal advice

Early advice from Health and Safety Solicitors can help the business understand its reporting duties, preserve evidence and communicate appropriately with inspectors.

The purpose is not to obstruct a legitimate investigation. It is to ensure that the organisation responds accurately, consistently and in accordance with its legal obligations.

MAR Legal provides HSE Compliance and workplace health and safety support for businesses dealing with regulatory concerns.

Assessing RIDDOR Reporting Obligations

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 require responsible persons to report specified workplace incidents to the appropriate enforcing authority.

RIDDOR Reporting can apply to:

• Work-related deaths
• Specified injuries to workers
• Certain injuries resulting in a worker being unable to perform their normal duties for more than seven consecutive days
• Certain injuries to members of the public
• Specified occupational diseases
• Dangerous occurrences
• Certain gas-related incidents

Not every accident is reportable. The business must consider the type of incident, the injury or event involved and whether it arose out of or in connection with work.

The official HSE RIDDOR Reporting guidance explains the categories of reportable incidents and how reports should be submitted.

A RIDDOR report should be accurate and factual. The person completing it should avoid speculation or unsupported conclusions about responsibility.

Failing to make a required report may constitute a criminal offence. However, submitting an inaccurate or unnecessarily broad report can also create difficulties. If there is uncertainty, advice from Health and Safety Solicitors or competent Health and Safety Consultants should be obtained promptly.

Businesses should also remember that internal accident recording and RIDDOR Reporting are separate obligations. An incident that does not require a RIDDOR report may still need to be recorded internally and investigated.

Conducting an Internal Investigation

An internal investigation should begin promptly, but it must be planned carefully.

The objectives should include:

• Establishing what happened
• Identifying immediate and underlying causes
• Determining whether existing controls were followed
• Identifying whether risk assessments were suitable
• Preventing a similar incident
• Responding to any ongoing danger
• Preserving reliable evidence

The investigation team should have appropriate competence and independence. For serious incidents, the business should consider whether legal advice is needed before commissioning reports or interviewing witnesses.

Health and Safety Consultants can provide technical expertise concerning machinery, work systems, risk assessments and industry standards. Health and Safety Solicitors can advise on regulatory exposure, evidence, privilege and communication with the HSE.

The internal investigation should not be treated as an exercise in allocating blame. A rushed attempt to identify an individual at fault may overlook wider issues involving supervision, training, maintenance or organisational culture.

Working with HSE Inspectors

Businesses should cooperate professionally with HSE inspectors. Obstructing an inspector or failing to comply with a lawful requirement can create additional offences.

Inspectors have powers that may allow them to:

• Enter premises
• Examine and investigate
• Take photographs and measurements
• Require areas or equipment to be left undisturbed
• Take samples
• Inspect and copy documents
• Require information
• Seize or render items harmless in appropriate circumstances

The business should appoint a suitable senior contact to coordinate communications with the inspector. This helps prevent conflicting answers and ensures that document requests are logged.

The nominated person should record:

• The inspector’s name and contact details
• The time and purpose of the visit
• Areas inspected
• Documents requested or copied
• Photographs or samples taken
• Questions asked
• Any immediate concerns raised
• Deadlines for providing further information

Further information about inspections and enforcement is available through the HSE’s guidance on how workplace health and safety is regulated.

Employees should be honest and cooperative. However, where formal interviews, compelled answers or interviews under caution are proposed, legal advice should be obtained before the interview takes place.

Improvement Notices

An HSE inspector may serve an Improvement Notice where they believe a person is breaching health and safety law or has breached it in circumstances that make repetition likely.

The notice should identify the relevant legal provision, explain the inspector’s opinion and specify what must be done within a stated period.

An Improvement Notice may require a business to:

• Update a risk assessment
• Introduce safer working procedures
• Repair or replace equipment
• Improve guarding
• Provide suitable training
• Introduce health surveillance
• Improve welfare facilities
• Implement additional supervision

The business must review the notice immediately and understand what compliance requires.

There are procedures and strict time limits for appealing an Improvement Notice. A business that believes a notice is incorrect or disproportionate should obtain advice from Health and Safety Solicitors without delay.

Failure to comply with an Improvement Notice is a criminal offence and may lead to prosecution.

Prohibition Notices

A Prohibition Notice is generally used where an inspector believes an activity involves, or will involve, a risk of serious personal injury.

Unlike an Improvement Notice, an immediate Prohibition Notice can stop an activity at once. The business must not resume the prohibited activity until the identified risk has been properly addressed.

A Prohibition Notice can have serious operational and commercial consequences, particularly where it affects essential equipment, production processes or an entire site.

The organisation should:

1. Stop the prohibited activity.
2. Inform relevant managers and workers.
3. Secure the affected area or equipment.
4. Review the inspector’s reasons.
5. Obtain technical and legal advice.
6. Develop and document appropriate remedial measures.
7. Seek confirmation before restarting work where necessary.

The HSE explains the distinction between Improvement and Prohibition Notices.

Appealing a Prohibition Notice does not necessarily permit the activity to resume. Businesses should obtain advice on the legal and practical effect of the notice before taking further action.

Preventing HSE Enforcement Action

No business can guarantee that an incident will never occur. However, effective HSE Compliance can reduce risk and demonstrate that the organisation takes its duties seriously.

Important measures include:

• Suitable and sufficient risk assessments
• Clear health and safety policies
• Regular workplace inspections
• Appropriate employee training
• Effective supervision
• Planned equipment maintenance
• Contractor management procedures
• Accurate accident and near-miss reporting
• Regular compliance audits
• Prompt action on identified risks
• Clear responsibilities at management level
• Consultation with workers
• Documented review of control measures

A business’s response after an incident is also important. Inspectors may consider whether the organisation acted promptly, preserved evidence, cooperated with the investigation and introduced proportionate corrective measures.

Using HSE Compliance Consultants and legal support can help businesses identify gaps before they result in an incident or enforcement action.

“Experts in providing Health and Safety support – MAR Legal ensures that any HSE Investigation is handled professionally and without delay.”

Why Ongoing HSE Compliance Matters

HSE Compliance is not a one-time exercise. Risk assessments, policies and training must remain suitable for the organisation’s actual activities.

A document that has not been reviewed for several years may provide little protection if working methods, equipment, premises or personnel have changed.

Ongoing compliance can help a business:

• Prevent workplace injuries
• Protect employees and the public
• Reduce operational disruption
• Avoid enforcement notices
• Reduce the risk of prosecution
• Protect directors and senior managers
• Maintain insurance coverage
• Demonstrate effective governance
• Protect commercial reputation

Health and Safety Consultants can support the technical implementation of safe systems, while Health and Safety Solicitors can advise on legal duties and regulatory exposure.

FAQs – Health and Safety Solicitor Services