The Health and Safety Executive (HSE) has taken what it describes as a landmark step in occupational health enforcement, issuing its first-ever Prohibition Notice against an occupational health service provider. The action reflects a growing regulatory focus on occupational health and sends a clear message to both providers and employers that poor-quality health surveillance will not be tolerated where workers’ health may be placed at risk.
What did the HSE find?
According to the HSE, inspectors found that health surveillance was being delivered by personnel who were inadequately trained, unqualified and unsupervised. The regulator concluded that these arrangements could have resulted in early signs of work-related illnesses going undetected, including occupational asthma, dermatitis and noise-induced hearing loss. A Prohibition Notice was issued to stop the activity, followed by an Improvement Notice after inspectors identified wider concerns around governance, oversight and quality assurance processes.
Why this matters for employers
For employers, the case highlights an important point: appointing an external occupational health provider does not remove your legal responsibilities. Health surveillance is a legal requirement in many workplaces where employees are exposed to specific health risks, and employers remain responsible for ensuring those arrangements are suitable and effective.
The HSE has emphasised that poor health surveillance can create a false sense of security. If occupational illnesses are not identified early, workers may continue to be exposed to harmful substances or workplace conditions without appropriate intervention, potentially leading to serious and irreversible health effects.
Questions worth asking your provider
This enforcement action is likely to prompt many organisations to review their current arrangements. Employers should consider:
Are those carrying out health surveillance suitably trained and qualified?
Is there appropriate clinical oversight and governance in place?
Are findings reviewed and acted upon promptly?
Is there a clear process for escalating concerns and reviewing workplace controls?
Can the provider demonstrate the quality and effectiveness of its service
More than a compliance exercise
As HSE continues to increase its focus on preventing work-related ill health, this case serves as a reminder that occupational health should be viewed as more than a compliance exercise. Effective health surveillance can play a crucial role in identifying problems early, protecting workers and helping organisations manage health risks before they become life-changing conditions.
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