1.6 Statutory Notifications (F10), Enforcement Notices (Improvement/Prohibition), and Fee for Intervention (FFI)

Statutory Project Notification (Form F10)

Under Regulation 6 of CDM 2015, the Client has a legal obligation to notify the relevant enforcing authority—the Health and Safety Executive (HSE) (or the Office of Rail and Road for railway projects)—of reportable construction projects using Form F10.

Statutory F10 Notification Thresholds

A construction project is reportable if construction work is expected to:

1. Last longer than 30 working days AND have more than 20 workers working simultaneously at any point in the project; OR
2. Exceed 500 person days of construction work in total (e.g., 50 workers working for 10 days = 500 person days).

Operational Notification Rules:

• The Client must submit Form F10 electronically to the HSE before the construction phase begins.
• The Principal Contractor must post a legible copy of the updated Form F10 on the site noticeboard.
• Crucial SMSTS Distinction: F10 notification does not trigger the requirement to appoint a Principal Designer or Principal Contractor. PD and PC appointments are triggered solely by having more than one contractor, regardless of whether the project is reportable on Form F10.

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HSE Inspectors' Powers (Section 20 HASAWA 1974)

HSE Inspectors are appointed officers with extensive legal powers under Section 20 of HASAWA 1974 to enforce health and safety legislation. Inspectors have the legal authority to:

• Enter any workplace premises at any reasonable time (or at any time if a dangerous situation exists).
• Take along a police officer or technical expert if obstruction is anticipated.
• Carry out examinations, site investigations, air sampling, and environmental tests.
• Direct that premises or plant remain undisturbed for as long as necessary for examination.
• Take measurements, photographs, video recordings, and site samples.
• Order the dismantling or testing of any plant or equipment likely to cause danger.
• Seize and render harmless (or destroy) any substance or article presenting imminent danger.
• Inspect, copy, or seize any site books, RAMS, training records, or statutory registers.
• Require any person to answer questions and sign a formal declaration of truth (interview under caution).

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Statutory Enforcement Notices

When an HSE inspector identifies statutory non-compliance or danger during a site inspection, they may issue formal enforcement notices under HASAWA 1974.

                      HSE SITE INSPECTION
                               |
              +----------------+----------------+
              |                                 |
      Breach of H&S Law                Risk of Serious Injury
              |                                 |
              v                                 v
   +--------------------+             +--------------------+
   | IMPROVEMENT NOTICE |             | PROHIBITION NOTICE |
   | (Section 21 HASAWA)|             | (Section 22 HASAWA)|txt
   +---------+----------+             +---------+----------+
             |                                  |
  Work CONTINUES on site             Work STOPS IMMEDIATELY
  Min 21 days to comply              Instant activity halt
             |                                  |
   Appeal within 21 days             Appeal within 21 days
    SUSPENDS the Notice               Does NOT suspend notice

1. Improvement Notice (Section 21 HASAWA 1974)

• Legal Trigger: Issued when an inspector is of the opinion that a person is violating one or more statutory health and safety provisions, or has violated them in circumstances making it likely that the violation will continue or be repeated.
• Operational Effect: Directs the duty holder to remedy the breach within a specified time limit. The compliance period must be not less than 21 calendar days from the date of service.
• Work Status: Construction work on site may continue while the Improvement Notice is being addressed, provided safety is maintained.
• Appeal Mechanism: The recipient can appeal to an Employment Tribunal within 21 calendar days. Lodging an appeal automatically suspends the Improvement Notice until the tribunal hears the appeal or it is withdrawn.

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2. Prohibition Notice (Section 22 HASAWA 1974)

• Legal Trigger: Issued when an inspector is of the opinion that an activity involves, or will involve, a risk of serious personal injury. Crucially, a Prohibition Notice does not require a breach of a specific regulation to have occurred—the existence of serious risk is sufficient.
• Operational Effect: Directs that the specified activity must STOP IMMEDIATELY (or at the end of a specified period if stopping instantly creates a higher hazard).
• Work Status: The specified activity MUST CEASE INSTANTLY. Continuing prohibited work is a severe criminal offence leading directly to prosecution.
• Appeal Mechanism: The recipient can appeal to an Employment Tribunal within 21 calendar days. However, lodging an appeal DOES NOT suspend the Prohibition Notice. The activity must remain stopped unless the tribunal explicitly grants a stay.

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Fee for Intervention (FFI)

Under the Health and Safety and Nuclear (Fees) Regulations 2022, the HSE operates the Fee for Intervention (FFI) cost recovery scheme.

FFI Mechanism:

• Trigger: FFI is triggered whenever an HSE inspector identifies a Material Breach of health and safety law during an inspection or investigation.
• Definition of Material Breach: A breach of health and safety law that is serious enough that the inspector judges it necessary to issue formal written advice, an Improvement Notice, a Prohibition Notice, or initiate prosecution.
• Hourly Cost Recovery: Once a material breach is identified, the duty holder is legally billed for the HSE inspector's time spent on site, taking legal advice, writing reports, conducting follow-up visits, and supervising compliance. HSE reviews the hourly rate annually: it rose from £183 to £188 per hour on 1 April 2026. Rate changes are not retrospective and do not apply to interventions spanning the change date.
• Non-Trigger: Routine inspections where no material breach is identified do not incur FFI charges.

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Comparison of Enforcement Instruments