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The HSE inspector is coming to investigate our compliance with the Working Time Regulations. What should I do if he or she calls me in?

You should co-operate with the HSE inspector.

The HSE has responsibility for enforcing the requirements on working 'limits' and associated matters in the Regulations.

For 'entitlements', e.g. annual leave, and rest breaks or rest periods, enforcement is through employment tribunals.

The relevant matters for which HSE inspectors are responsible are:

  • weekly working hours;
  • length of night work;
  • health assessments; and
  • record keeping.

Failure to comply with the Regulations in these respects renders the employer liable to prosecution by the HSE.

In some industries the regulations are enforced by other bodies. Local authorities deal with shops, offices, hotels, catering, sports, leisure and customer services workplaces; the Vehicle and Operator Services Agency deals with HGV and PSV drivers; the Maritime and Coastguard Agency deals with seafarers and inland waterways workers; the Office of the Rail Regulator deals with rail workers; and the Civil Aviation Authority deals with air cabin crew.