HSE Takes Unprecedented Action Against Occupational Health Provider

The Health and Safety Executive (HSE) has issued its first-ever Prohibition Notice against an occupational health service provider, marking a significant shift in regulatory oversight. The landmark enforcement action, taken on July 3, 2026, follows findings that inadequate health surveillance was putting workers at risk of serious and irreversible harm. This move underscores the HSE's increasing focus on preventing occupational illness alongside workplace accidents.

HSE inspectors uncovered that the provider was delivering health surveillance through personnel who were inadequately trained, unqualified, and unsupervised. This critical failure meant that early indicators of serious occupational diseases, such as occupational asthma, dermatitis, and noise-induced hearing loss, were at significant risk of going undetected. Consequently, workers exposed to hazards like wood dust and excessive noise were left without appropriate intervention, unknowingly facing permanent, life-changing health conditions.

A Prohibition Notice requires an activity to stop immediately where the HSE believes it involves a risk of serious personal injury or ill health. The notice was served to immediately halt these activities, as they were deemed to create a direct risk of serious personal injury. This step highlights the HSE's commitment to ensuring that occupational health services meet the highest standards, protecting employees from preventable workplace illnesses.

Widespread Deficiencies Identified

Further investigations by HSE inspectors revealed that the provider's health surveillance arrangements were fundamentally unsuitable across multiple areas. Key deficiencies identified included a pronounced lack of competent occupational health oversight, an absence of robust clinical governance, and non-existent quality assurance processes. Furthermore, there were no clear procedures in place for escalating adverse findings or for reviewing workplace control measures, leaving a critical gap in the protective framework for employees.

HSE Occupational Health Inspector Julie Wood stated that this enforcement action, the first of its kind against an occupational health service provider, was not taken lightly. The regulator concluded that the provider's practices created a risk of serious personal injury and issued an Improvement Notice in addition to the Prohibition Notice. An Improvement Notice requires specific remedial action to be taken within a set timeframe to address a contravention of health and safety law.

This case serves as a stark reminder to both employers and occupational health providers that worker health cannot be treated as a mere 'box-ticking exercise'. Poor-quality occupational health services have the potential to leave serious illnesses undetected until it is too late, creating a false sense of assurance for employers while leaving workers unknowingly at risk.

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Broader Implications for UK Businesses

This landmark enforcement action signals a clear message from the HSE that substandard occupational health services will not be tolerated where they create real risks to workers' health. It also reinforces the importance of employers satisfying themselves that the occupational health providers they appoint are capable of delivering services that meet legal requirements and effectively protect workers from preventable occupational diseases.

Meanwhile, recent data from a Freedom of Information (FOI) request indicates that health and safety violations cost British employers over £44 million per year, with the number of serious breaches resulting in prosecution charges increasing between 2023 and 2025. Construction firms accounted for 38% of prosecution charges last year, making it the largest sector for such actions. These figures are expected to continue to rise in 2026.

In Ireland, the Health and Safety Authority (HSA) has also been active, launching a nationwide inspection campaign targeting driving for work risk management from July 2026. This campaign focuses on whether driving for work is included as a hazard in safety statements, if specific risk assessments have been carried out for journeys, vehicle use, and driver fatigue, and if control measures are properly documented. The HSA also recently secured significant fines against two companies totalling €190,000 following a fatal construction site incident in December 2019.

For businesses seeking to ensure robust health and safety compliance and to avoid such enforcement actions, comprehensive training is paramount. Abertay Training (https://www.abertaytraining.co.uk) offers a range of accredited courses designed to equip employers and employees with the knowledge and skills necessary to maintain a safe and healthy workplace, covering everything from risk assessment to occupational health management.