HSE Takes Unprecedented Action Against Substandard Occupational Health Services
In a landmark move, the Health and Safety Executive (HSE) has issued its first-ever Prohibition Notice against an occupational health service provider. This unprecedented enforcement action signals a significant shift in the regulator's focus, underscoring its commitment to ensuring high-quality health surveillance and preventing work-related ill health.
The Prohibition Notice was served following findings that the unnamed provider was delivering health surveillance services through inadequately trained, unqualified, and unsupervised personnel. HSE inspectors determined that these failings created a substantial risk of serious and irreversible harm to workers, as early signs of occupational diseases such as asthma, dermatitis, and noise-induced hearing loss could go undetected.
HSE Occupational Health Inspector Julie Wood commented on the severity of the situation, stating, “This is the first time HSE has taken enforcement action of this kind against an occupational health service provider, and we have not done so lightly. It reflects the seriousness with which we view the quality of occupational health provision and our determination to act where substandard services are putting people in harm’s way.”
Details of the Enforcement Action and Identified Failures
The initial Prohibition Notice was issued to immediately halt the inadequate health surveillance activities due to the risk of serious personal injury. Subsequently, the HSE issued an Improvement Notice after further investigations revealed that the provider's overall health surveillance arrangements were fundamentally unsuitable.
Inspectors identified a range of critical deficiencies, including a lack of competent occupational health oversight, inadequate clinical governance, an absence of quality assurance processes, and no clear procedures for escalating adverse findings or reviewing workplace controls. These systemic failures meant that employers relying on these services were given false assurance, leaving their workers unknowingly exposed to significant health risks, particularly those exposed to substances like wood dust and excessive noise.
Health surveillance is a legal requirement under various regulations, including the Control of Substances Hazardous to Health Regulations 2002 (COSHH) and the Control of Noise at Work Regulations 2005. Employers are responsible for ensuring that these arrangements are suitable and effective.
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Implications for Occupational Health Providers and Employers
This landmark enforcement action sends a clear message to both occupational health service providers and employers: substandard services that compromise worker health will not be tolerated. It underscores the HSE's commitment to proactively tackling work-related ill health, which is a key focus of its latest Business Plan.
The HSE's proactive inspection campaign for 2026 includes over 1000 visits targeting risks such as silicosis, with multiple businesses already receiving enforcement action due to a lack of controls. Other areas of heightened scrutiny include noise exposure, musculoskeletal disorders, and respiratory risks. This broader focus on health reflects a recognition that poor workplace health leads to significant lost output, reduced capacity, rising absenteeism, and retention issues.
Employers are urged to review their health surveillance arrangements and ensure that their chosen occupational health providers are competent, qualified, and operating with robust clinical governance and quality assurance processes. The HSE has made it clear that it will not hesitate to use its full enforcement powers to protect workers' lives and health.
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