HSA Improvement and Prohibition Notices in Ireland: An Employer Guide

Under the Safety, Health and Welfare at Work Act 2005, a Health and Safety Authority (HSA) inspector can serve notices on an employer when they believe the law is being broken or when an activity risks serious personal injury. Two of the most important are the improvement notice and the prohibition notice. This guide summarises sections 66 and 67 of the Act, based on the text on the Irish Statute Book. It is general information and not legal advice. To prepare your safety paperwork, see our guides to safety statements and risk assessments and to HSA mandatory training requirements.

Improvement notices (section 66)

An inspector can serve an improvement notice when they are of the opinion that a person is contravening, or has contravened, relevant statutory provisions. They can also serve one if the person has failed to submit or implement an improvement plan that was required under section 65. The notice goes to the person who has, or may reasonably be presumed to have, control over the work activity concerned.

The Act says the notice must:

• state the inspector’s opinion and the reasons for it
• identify the relevant statutory provision
• direct the person to remedy the contravention by a specified date, which cannot fall before the appeal period ends
• include information about appealing
• be signed and dated by the inspector

The notice may also direct the measures to be taken to remedy the matter. If a safety representative exists for the workplace, the inspector must give them a copy and tell them in writing if the notice is withdrawn.

Prohibition notices (section 67)

A prohibition notice is for more serious situations. An inspector may serve one when they are of the opinion that an activity at a place of work is occurring or likely to occur and involves a risk of serious personal injury. It goes to the person who has, or is reasonably presumed to have, control of the activity. The notice must state the inspector’s opinion and reasons, specify the activity, identify the relevant statutory provision where there is an actual or likely contravention, prohibit the activity until the risk-giving matters are remedied, and be signed and dated by the inspector. As with an improvement notice, a copy goes to any safety representative.

The section says the notice takes effect immediately on receipt, unless it is appealed, in which case it takes effect on the latest of three dates described in the Act. An appeal does not suspend a notice that is already in effect, although the appellant can ask the court to suspend it while the appeal is heard.

Appeals

• Improvement notice: an appeal to a District Court judge in the district where the notice was served, within 14 days beginning on the day the notice is served.
• Prohibition notice: an appeal to the same court within 7 days, counted from the day the notice is served.
• In each case the judge may confirm, vary or cancel the notice if satisfied it is reasonable to do so, and the appellant must notify the Authority at the same time, giving the grounds.

Compliance and withdrawal

A person who believes they have complied must confirm this in writing to the inspector, with a copy to any safety representative. Once satisfied, the inspector must give written notice of compliance within one month of receiving the confirmation. An inspector can withdraw either type of notice at any time. For a prohibition notice, the Act lists grounds including that the activity no longer involves a risk of serious personal injury, or that the notice was issued in error or is materially incorrect. For an improvement notice where no appeal is made or pending, the inspector can extend the compliance date. Withdrawing a prohibition notice does not prevent the service of a further one.

Offences

Section 77 lists offences under the Act. Among them are contravening an improvement notice or a prohibition notice, obstructing an inspector, and making false statements or false records. The section also says an employer cannot defend itself by pointing to the acts or defaults of an employee or of a competent person appointed under section 18. The extract of section 77 that we read did not give the maximum fines or prison terms, so we do not state them here. Check the full Act and its amendments for penalties.

Our suggestions

These are our own practical suggestions, not HSA guidance. Decide in advance who in your organisation will receive a notice and who will diarise the appeal period, since it is short. Keep the safety statement, risk assessments and training records easy to find. Make sure supervisors know that safety representatives are entitled to a copy of any notice. Record each step taken to remedy a matter, with dates, so that confirming compliance is straightforward.

What the sources do not say

We have not read section 64 on the powers of inspectors, or the full text of the sections on penalties, directors’ liability and appeals from orders, so this guide does not summarise them. The HSA’s own pages on inspections did not load for us. The extracts also leave undefined what counts as serious personal injury and how the appeal periods are counted.

Frequently asked questions

How long do I have to appeal an improvement notice?

14 days beginning on the day the notice is served, to a District Court judge, according to section 66 of the Act.

How long do I have to appeal a prohibition notice?

7 days counted from the day it is served, to a District Court judge, according to section 67.

Does an appeal stop a prohibition notice?

Not automatically. The Act says an appeal does not suspend a notice that is already in effect, but the appellant can ask the court to suspend it.

Who gets a copy of a notice?

The inspector must give a copy to a safety representative where one exists for the workplace.

Next steps

Learnsignal’s offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.