Do not obstruct inspectors; doing so can result in prosecution
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leading to a fine or imprisonment. Obstructing inspectors can be interpreted widely —from physically preventing an inspector from exercising their powers to refusing to provide information.
Police have been known to make accusations of obstruction if an employer does not wait to interview their employees until after the police have conducted their own interviews,
It is rare, but sometimes the police will insist that an employer's internal investigation, so far as interviews are concerned, awaits the completion of their own interviews. This is despite the statutory duty on an employer to investigate health and safety incidents.
It is also an offence to prevent, or even attempt to prevent, a person answering questions or appearing before an inspector. Again, this can be interpreted widely and you can sometimes be accused of
committing an offence if the inspector considers you are unnecessarily interrupting their questioning of a witness.
However, do not be afraid to ask questions of the inspector to ensure that they explain to you the legal basis of the powers they are exercising. Co-operate with them and do not let them bully you, but be aware of their potential powers if they feel you have overstepped the mark.
Do not ignore any formal notice served. Health and safety inspectors can serve formal legal notices requiring you to take certain safety measures or cease a certain activity (improvement and prohibition notices).
These notices have legal force and while they can be appealed through the Employment Tribunal system, failure to comply can lead to prosecution resulting in imprisonment or a fine, or both.