Journey Step 5 of 5

Confirm your arrangements are in place

Step 5 of 5

Audit yourself before the regulator does

HSCER consultation is a continuous duty rather than a periodic one, so the right time to self-audit is whenever your workforce, sites, or consultation route changes — and at least annually. The compliance checklist captures the evidence an HSE or local authority inspector would expect to see: applicability decision documented, route chosen, elections held and recorded if applicable, the statutory consultation topics covered, information shared, and training, time off, and facilities provided.

HSCER 1996 compliance checklist for employers

Audit-style yes/no checklist confirming you have met each HSCER duty. Use it whenever your arrangements change and at your annual review.

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Breach is a criminal offence

Failure to consult under HSCER is a criminal offence under section 33 of the Health and Safety at Work etc. Act 1974, with penalties set by Schedule 3A of that Act. HSE or your local authority can serve an improvement notice and, in serious cases, prosecute. Document your applicability decision and your consultation arrangements so that you can evidence compliance.