By James Whitaker · Published 20 October 2026 · 3 min read
The Health and Safety Executive has issued its first ever Prohibition Notice against an occupational health service provider. The regulator took the landmark action after discovering inadequate health surveillance was putting workers at risk of serious and irreversible harm. This unprecedented move signals a major expansion in how the safety watchdog enforces workplace health standards.
Background
Health surveillance is a statutory requirement under several pieces of UK legislation, including the Control of Substances Hazardous to Health Regulations 2002 and the Control of Noise at Work Regulations 2005. It is designed to protect workers from permanent, work-related conditions such as occupational asthma, dermatitis, and noise-induced hearing loss. A Prohibition Notice is the most severe enforcement tool available to inspectors short of prosecution. It is only served when the HSE believes an activity involves a risk of serious personal injury or ill health, requiring the immediate cessation of the specified activity.
Industry implications
This enforcement marks a significant shift in how the HSE regulates occupational health provision across the construction sector. It demonstrates that the regulator is now scrutinising the clinical competence of third-party medical providers, not just the principal contractors who hire them. When surveillance is conducted poorly, employers receive false assurance regarding their control measures. Consequently, workers remain unknowingly exposed to hazardous site conditions, increasing the long-term liability for construction firms.
What contractors should do now
Construction firms must urgently review their appointed occupational health providers. Employers should verify that their chosen clinics demonstrate genuine clinical governance and possess clear, documented processes for acting on surveillance results. Site managers cannot simply outsource this function and assume legal compliance is guaranteed. Companies should request audit trails from their health providers to ensure all medical assessments meet the standards set out by the Faculty of Occupational Medicine.
Expert view
HSE Occupational Health Inspector Julie Wood confirmed the severity of the intervention. "This is the first time HSE has taken enforcement action of this kind against an occupational health service provider, and we have not done so lightly," she said. "Health surveillance exists to protect workers from work-related health conditions that can cause permanent, life-changing harm. When it is carried out poorly, employers are given false assurance and workers are left unknowingly at risk. We expect occupational health providers to demonstrate genuine competence, proper clinical governance, and clear processes for acting on what they find."
What happens next
The enforcement notice will be published on the HSE public register five weeks after being served, allowing time for the statutory appeals process. Industry bodies are expected to issue updated guidance on vetting occupational health partners in the coming months. Contractors should anticipate increased scrutiny of their health surveillance records during routine HSE site inspections this year.
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