HSA Improvement Notices and Prohibition Notices: What Irish Contractors Must Know
What happens when an HSA inspector issues an improvement notice or prohibition notice on an Irish construction site?
Receiving a notice from the Health and Safety Authority (HSA) is one of the most stressful events a contractor can face. Whether it is an improvement notice requiring you to fix a problem within a set timeframe, or a prohibition notice that stops your work immediately, the commercial and legal consequences can be severe. This article explains exactly what these notices are, when they are issued, what your obligations are, and how to respond effectively. It also covers the steps you can take now to reduce the likelihood of receiving one. ## The Two Main Enforcement Tools When an HSA inspector identifies a problem on your site, they have a range of options available to them. At the less serious end, they may issue verbal advice or a written advisory letter. At the more serious end, they can recommend prosecution. The two most significant formal tools in between are the improvement notice and the prohibition notice. ### Improvement Notices An improvement notice is issued when an inspector believes that a statutory provision has been contravened and that the contravention will be continued or repeated. The notice specifies: - The statutory provision that has been contravened - The reasons why the inspector believes there has been a contravention - What must be done to remedy the situation - The deadline by which the remedial action must be completed Work can continue while an improvement notice is in effect, but you must complete the required actions within the timeframe specified. Failure to comply with an improvement notice is itself an offence and can lead to prosecution. ### Prohibition Notices A prohibition notice is considerably more serious. It is issued when an inspector believes that there is a risk of serious personal injury from an activity being carried out on your site. The notice requires the activity in question to stop immediately, or from a specified time stated in the notice. On a live construction project, a prohibition notice can have immediate and significant commercial consequences. If the prohibited activity is on the critical path of your programme, the knock-on effects can include programme delays, contractual penalties, and damage to your relationship with the client. Unlike an improvement notice, a prohibition notice takes effect immediately (or at the specified time). You cannot continue the prohibited activity while you appeal. ## When Can an Inspector Issue a Notice? A common misconception is that enforcement action only follows a serious incident. That is not the case. An HSA inspector can arrive at your site: - Following a reported accident or dangerous occurrence - Following a complaint from a worker or member of the public - As part of a planned inspection campaign - On an ad hoc basis, without prior notice Importantly, an inspector who arrives for one reason can identify breaches entirely unrelated to the original reason for the visit. A site visit triggered by a complaint about noise, for example, can result in a prohibition notice if the inspector observes workers at height without adequate fall protection. The HSA's Programme of Work 2026 commits to a comprehensive programme of risk-based, evidence-led inspections across all sectors, with construction identified as a priority. Inspection activity is increasing, and contractors should not assume that because there has been no incident on their site, they are not at risk of a visit. ## Your Rights When an Inspector Visits When an HSA inspector arrives at your site, they are required to identify themselves and produce their authorisation. You are entitled to ask to see it. You should then: **Designate a point of contact.** Ideally this should be your site manager or safety officer, someone who knows the site, knows where your documentation is, and can answer questions accurately. Do not leave an inspector to wander the site unaccompanied. **Cooperate fully.** You are legally required to cooperate with an inspection. Obstruction is an offence. Answer questions honestly and provide access to documents and records as requested. **Take notes.** Keep a record of what the inspector examined, what questions were asked, and what observations were made. If a notice is issued, you will need this information. **Ask for clarification.** If a notice is issued and you do not understand what is required, ask the inspector to clarify. It is better to ask at the time than to discover later that you have misunderstood the required remedial action. ## Appealing a Notice Both improvement notices and prohibition notices can be appealed to the District Court. The appeal must be made within 14 days of the notice being served. For an improvement notice, an appeal suspends the notice pending the outcome of the appeal. This means you do not have to comply with the required actions while the appeal is being heard. For a prohibition notice, an appeal does not automatically suspend the notice. You can apply to the District Court for a suspension of the notice pending the appeal, but the court will only grant this if it is satisfied that the suspension is not contrary to the interests of safety. In practice, most contractors do not appeal notices. The cost and time involved in an appeal, combined with the uncertainty of the outcome, means that it is usually more practical to comply with the notice and address the underlying issue. However, if you believe a notice has been issued incorrectly, or if the required remedial action is disproportionate, an appeal may be appropriate. ## Responding to a Prohibition Notice: Practical Steps If you receive a prohibition notice, the immediate priority is to stop the prohibited activity safely. Do not simply abandon the work; ensure that the site is left in a safe condition and that workers are not exposed to additional risks as a result of stopping the activity. Once the immediate situation is under control, you should: **Read the notice carefully.** Understand exactly what activity is prohibited and why. The notice will specify the statutory provision that the inspector believes has been contravened and the reasons for that belief. **Identify the remedial action required.** In many cases, the inspector will indicate what needs to be done before the prohibited activity can resume. If this is not clear from the notice, contact the HSA to clarify. **Implement the remedial action.** This may involve providing additional fall protection, replacing defective equipment, revising a method statement, or appointing a competent person to supervise the activity. Document everything you do. **Notify the inspector when remedial action is complete.** Contact the HSA to confirm that the required actions have been taken and to arrange for the prohibition notice to be lifted. Do not resume the prohibited activity until the notice has been formally lifted. **Review your systems.** A prohibition notice is a serious signal that something in your safety management system has failed. Use the event as an opportunity to review your risk assessments, method statements, and supervision arrangements to identify and address any other gaps. ## The Cost of Non-Compliance Failure to comply with an improvement notice or prohibition notice is a criminal offence under the Safety, Health and Welfare at Work Act 2005. On summary conviction, the maximum penalty is a fine of €50,000. On conviction on indictment, the maximum is a fine of €3,000,000 and/or two years' imprisonment. Beyond the direct penalties, there are significant indirect costs. A prohibition notice that stops work on a critical activity can cause programme delays that trigger liquidated damages under your contract. Your client may have the right to terminate the contract in serious cases. Your insurance premiums may increase. Your reputation in the market may be damaged. The most effective way to manage these risks is to ensure that your sites are compliant before an inspector arrives, not after. ## Reducing Your Risk: What Good Practice Looks Like The activities that attract HSA enforcement action are well documented. Working at height without adequate fall protection, inadequate excavation support, unsafe plant and machinery, and the absence of welfare facilities are consistently among the most common issues identified in inspections. Reducing your risk means addressing these issues systematically, not just before an inspection. **Conduct regular site inspections.** Your site manager or safety officer should be conducting formal inspections at least weekly, with findings documented and corrective actions tracked to completion. The frequency should increase for higher-risk activities. **Maintain up-to-date risk assessments and method statements.** These documents must reflect the actual work being carried out on site. A generic risk assessment that has not been updated since the project started is not adequate. **Ensure all workers are competent and trained.** Safe Pass, Manual Handling, and task-specific training must be in place and documented. Subcontractors must be able to demonstrate the same. **Manage plant and equipment proactively.** Plant must be maintained, inspected, and operated by competent persons. Inspection records must be available on site. **Address near misses immediately.** A near miss is a warning that something is wrong. Investigate it, identify the root cause, and implement corrective action before it becomes an incident. ## Frequently Asked Questions **Can I continue working on site while an improvement notice is in effect?** Yes. An improvement notice does not stop work on site. It requires you to remedy a specified breach within the timeframe set by the inspector. You must complete the required actions by the deadline, but other work on site can continue. **Can I continue working on site while a prohibition notice is in effect?** No. A prohibition notice requires you to stop the specified activity immediately (or at the time stated in the notice). Other work on site can continue if it does not involve the prohibited activity. **How long does an HSA inspector give to comply with an improvement notice?** The timeframe is set by the inspector and will be specified in the notice. It must be reasonable given the nature of the required remedial action. If you believe the timeframe is unreasonable, you can appeal to the District Court or negotiate with the inspector. **Will a notice appear on a public register?** Yes. The HSA publishes details of improvement notices and prohibition notices on its website. This information is publicly accessible and can affect your reputation with clients and main contractors. **Does receiving a notice mean I will be prosecuted?** Not necessarily. A notice is a formal enforcement tool, but it does not automatically lead to prosecution. Prosecution is more likely where a notice has not been complied with, where there has been a serious incident, or where there is a pattern of non-compliance. --- *Safety Check Ltd provides site safety inspections, Safety Statements, and compliance support for construction contractors across Leinster. If you would like to discuss your site's compliance position, contact us at info@safetycheck.ie or call +353 85 873 4413.*