Quick Answer: Section 66 of the Safety, Health and Welfare at Work Act 2005 authorises HSA inspectors to issue Improvement Notices. It requires an employer to remedy a specified breach of health and safety law within a timeframe of at least 30 days. Failing to comply within that timeframe is a separate criminal offence. The notice does not trigger automatic prosecution, but non-compliance with it does.

A Safety Officer can experience a particular sense of urgency when an inspector hands them an Improvement Notice. The immediate instinct is often to focus on the relationship with the inspector, to ask questions, to explain context. These responses are understandable. However, they become largely irrelevant once the inspector serves the notice. From that moment, focus on the legal instrument in your hands. Understand what it requires, the deadline, and how you will document your compliance. Everything else is secondary.

This article explains what an HSA Improvement Notice means in practice and outlines your legal obligations. It also explains how to respond effectively and what happens if you do not.

The Legal Basis for an Improvement Notice

Section 66 of the Safety, Health and Welfare at Work Act 2005 gives HSA inspectors authority to issue an Improvement Notice. They may issue one when they believe a person currently contravenes a relevant statutory provision. They may also act when a previous contravention could continue or recur.

This is a broader trigger than many employers expect. An inspector can serve a notice for an ongoing breach or a past breach that may recur. For example, an accident may have occurred three months ago and the contributing factors may remain unresolved. Those circumstances can support an Improvement Notice today.

The notice must specify the legal provision involved and explain why the inspector considers a contravention exists. It must also set out the required remedial action. The inspector must allow at least 30 days for compliance but may provide longer when remediation needs more time.

What an Improvement Notice Contains

Every HSA Improvement Notice will include the following elements:

The notice identifies the person or company it addresses. It also identifies the relevant section of the SHWW Act 2005 or other regulation. The notice describes the activities or conditions that constitute the contravention. It sets out the steps the inspector requires to remedy the breach. Alternatively, it may provide enough detail for the employer to determine the necessary remediation. Finally, it states the compliance deadline, which must allow at least 30 days from service.

Read the notice carefully. The remediation required may be more specific than it appears. For example, an inspector may note that a Safety Statement does not reflect a particular hazard. In that case, a cosmetic update will not satisfy the requirement. The employer may need to assess the hazard and integrate the identified controls into the Safety Statement.

Your Legal Obligations From the Moment the Notice Is Served

Once the inspector serves the notice, it creates an immediate legal obligation. You must complete the specified remedial action by the compliance deadline. Being busy, disputing the finding, or lodging an appeal does not automatically pause that obligation.

If you lodge an appeal with the Employment Appeals Tribunal within 14 days, the appeal suspends the notice. This is the only mechanism that formally pauses the compliance clock. In all other circumstances, the deadline stands.

Failure to comply with the deadline is a criminal offence under Section 66(4) of the SHWW Act 2005. It is a distinct offence from the original non-compliance that triggered the notice. An employer may therefore face liability for the original breach and for failing to remedy it. Prosecutors and courts treat deliberate non-compliance with enforcement notices particularly seriously.

How to Respond Effectively: A Step-by-Step Approach

Step 1: Read the Notice in Full Before Doing Anything Else

This sounds obvious. In practice, it is not always what happens. Starting remediation too quickly can address the surface issue while missing the notice’s actual requirements. Read every word. Identify the specific statutory provision, the specific finding, and the specific remediation required.

If any part of the notice is unclear, contact the issuing inspector’s office. Ask for written clarification where the remediation could support multiple interpretations. Get the response in writing. This correspondence becomes part of your compliance record.

Step 2: Assign Ownership and Set an Internal Deadline

Assign a named individual as responsible for the remediation. Set an internal completion deadline at least one week before the notice deadline. This buffer gives you time to document the remediation and manage unexpected complications.

Record the assignment formally. An email can confirm the scope, responsible person, and internal deadline. That email creates a contemporaneous record of your response from day one.

Step 3: Conduct the Required Remediation

Execute the remediation as specified in the notice. If the notice requires a risk assessment, conduct a proper site-specific assessment and document it. Identify real controls and ensure the responsible people sign and date the assessment. If the notice requires a maintenance record, produce evidence of the underlying work as well.

A common and costly mistake is to address the paperwork without addressing the underlying condition. For example, an inspector may issue a notice because a machine guard is absent. In that case, replace the guard and document the corrective action. A procedure about machine guarding will not demonstrate compliance while the guard remains absent. An inspector who returns to verify closure will expect the physical issue to be resolved.

Step 4: Document Everything

Your compliance evidence must be clear, complete, and directly responsive to what the notice required. Compile a compliance pack that records every remediation action and completion date. Include the names of the people involved and relevant supporting evidence. Supporting evidence may include photographs, test certificates, training records, or updated documents.

EduSafe’s Action Log tracks remediation tasks from assignment through verified closure. It also keeps timestamped records and lets teams attach evidence directly to each action. This creates a clear response trail that can support closure of an Improvement Notice.

Step 5: Notify the HSA Before the Deadline

You are not required by the Act to formally notify the HSA that you have complied with an Improvement Notice, but it is strongly advisable to do so in writing before the deadline. Send a brief, factual summary of the steps taken, the dates completed, and a reference to any supporting evidence. Copy the inspector who issued the notice.

This creates a written record that compliance was achieved on time. It also reduces the likelihood of a follow-up inspection being triggered by an absence of communication from your side.

Step 6: Update Your Safety Management System

The underlying issue that produced the Improvement Notice must not recur. Whatever gap in your safety management system allowed the non-compliance to develop — whether it was a documentation failure, a maintenance lapse, a training shortfall, or an inadequate risk assessment — must be systematically addressed.

Review your HSA audit checklist following remediation and identify whether the same gap exists elsewhere in your organisation. A finding in one department or on one site may indicate a systemic issue that extends beyond the specific location inspected.

Should You Appeal?

An Improvement Notice can be appealed to the Employment Appeals Tribunal within 14 days of service. Lodging an appeal suspends the notice. If the appeal is successful, the notice is cancelled. If it is unsuccessful, the original compliance deadline is reinstated, running from the date of the tribunal’s decision.

An appeal is worth considering where you have a genuine and specific legal basis for contesting the inspector’s finding — for example, where the inspector has misidentified the applicable statutory provision, or where the finding is factually incorrect in a material way.

An appeal is not worth pursuing simply because the notice is inconvenient, because compliance is costly, or because you believe the inspector was stricter than others might have been. The tribunal hears evidence and makes a determination on the legal merits. An unsuccessful appeal does not improve your position, and the period spent in the appeal process is time that could have been spent remediating.

If you are considering an appeal, seek legal advice from a solicitor with experience in employment and health and safety law before the 14-day window closes.

What Happens After You Comply

Following compliance, the HSA may conduct a follow-up inspection to verify that the remediation has been completed to the required standard. This inspection may be announced or unannounced. The inspector will assess the specific matters referenced in the notice and may also conduct a broader review of the site if the original inspection identified other concerns.

If the follow-up inspection confirms that the notice has been fully complied with, the matter is typically closed. The notice remains on the HSA’s records and may be referenced in any future enforcement context, but it does not automatically trigger ongoing monitoring or further action.

If the follow-up inspection finds that the notice has not been complied with, or has been only partially addressed, the HSA can refer the matter for prosecution. This is not a theoretical possibility — it is the standard response to deliberate or persistent non-compliance.

What Does an Improvement Notice Cost?

Beyond the legal exposure described in detail in our article on HSA non-compliance penalties, receiving an Improvement Notice carries operational and reputational costs that can exceed the direct financial penalties.

Remediation costs vary significantly depending on the nature of the finding. An administrative gap such as an outdated Safety Statement carries relatively low remediation costs. A finding related to physical site conditions — inadequate machine guarding, missing edge protection, defective electrical installations — can involve substantial capital expenditure, particularly if production must be suspended during remediation.

The notice is also a matter of record. Insurers conducting renewal assessments, clients conducting supplier audits, and public sector procurement processes may all request disclosure of enforcement history. A notice that is disclosed and accompanied by documented evidence of prompt, thorough remediation tells a different story than one that is unexplained.

Frequently Asked Questions

How long do I have to comply with an HSA Improvement Notice?

A minimum of 30 days from the date the notice is served. The inspector has discretion to set a longer timeframe. You cannot negotiate an extension after the deadline has passed — if you need more time, contact the inspector’s office before the deadline and request an extension in writing, with a clear explanation.

Does receiving an Improvement Notice mean I will be prosecuted?

Not automatically. An Improvement Notice is an enforcement tool designed to achieve compliance, not to punish. If you comply fully and on time, prosecution is not the typical outcome. Prosecution becomes likely if you fail to comply, if the same breach recurs following closure, or if the original breach involved serious risk to life or health.

Can I continue operating while an Improvement Notice is in effect?

Yes, unless the activity referenced in the notice has been specifically restricted, or unless a separate Prohibition Notice has been issued. An Improvement Notice does not suspend operations — it requires you to remedy a specified non-compliance within the deadline while continuing to meet all other legal obligations.

Will the Improvement Notice appear on a public record?

HSA enforcement actions, including Improvement Notices, are referenced in the HSA’s published reports. Prosecution outcomes are published in full. The HSA’s website maintains a searchable record of enforcement actions, which is accessible to anyone conducting due diligence on your organisation.

An Improvement Notice is serious, but it is also an opportunity. It identifies a specific gap in your safety management system, requires you to address it, and — if handled properly — closes with a documented compliance record that demonstrates your organisation’s capacity to respond to regulatory findings professionally and promptly.

The organisations that consistently manage enforcement outcomes well are those with a safety management system that makes remediation straightforward: clear ownership, documented processes, and the ability to produce evidence of compliance quickly and without scrambling.

Build the compliance infrastructure that makes responding to enforcement straightforward.

EduSafe’s Action Log and Compliance Dashboard give you the tools to track, evidence, and close regulatory findings efficiently. Book a free demo to see how it works in practice.

About the author:

EduSafe Team comprises compliance specialists, safety practitioners, and digital transformation experts focused on modernising how organisations manage health, safety, and regulatory compliance.

Drawing on over 20 years of experience working with organisations across manufacturing, construction, pharmaceutical, and government sectors, the team provides insights on improving compliance workflows, reducing administrative burden, and maintaining audit-ready documentation aligned with Health and Safety Authority (HSA) standards and industry regulations.