What powers does a HSE Inspector have? (Part 1 of 3)

What powers does a Health and Safety Executive (HSE) Inspector have? The powers of regulators is an area which often requires legal advice. The powers are complex, potentially wide-ranging, but not always as wide-ranging as some regulators think!

The Police and the HSE/Local Authority both have powers, or can be granted powers by the Courts, to have access to documentation. For these purposes, documentation is widely defined and this can include emails, not just safety-related documentation.

This will not, however, extend to documents which are identified as “legally privileged”. Legally privileged documents are primarily communications between a solicitor and client in contemplation of potential litigation. Leading health and safety lawyer, Kevin Elliott, provides further information in this short video.

Eversheds Sutherlands health and safety team is recognised externally for its expertise; its industry leading experts; and for its Tier 1 ranking in the legal directories for over 15 years. For more information please contact the Eversheds Sutherland EHS team (www.eversheds-sutherland.com/EHS-UK)