An inspector calls… but what powers do they have?

Our Corporate Crime & Investigations Team examines what powers inspectors have when they call.

Welcome back to our 2026 monthly series: “Responding to a safety incident – and beyond.” To help you navigate emerging questions and to guide discussion within your organisation, each month we are providing you with practical advice on responding to a safety incident. This month we consider: when an inspector calls, what powers do they have?

Following a safety incident, there may be multiple parallel investigations which originate from the same (or similar) facts. You need to understand not only who is investigating (see our article here (Single safety incident, multiple investigations explained) but also what powers the investigators have.

The Powers of Investigators

Following a serious safety incident, you can expect several investigating bodies to arrive. While their objectives may differ, one thing is certain: their powers are not the same. Understanding who can do what, and on what legal basis, is critical to protecting your organisation and your people.

Police (including the British Transport Police) have powers provided by the Police and Criminal Evidence Act 1984 (PACE). These powers allow officers to take action, including entering premises under warrant, securing and controlling scenes, arresting individuals, conducting searches, interviewing under caution, and seizing documents, equipment and digital devices.

BTP has additional powers – including the ability to enter railway property without a warrant and to use reasonable force where necessary—regardless of whether an offence is suspected. (Railways and Transport Safety Act 2003).

Health and Safety inspectors —whether from the HSE, ORR, ONR or local authorities—have wide‑ranging statutory powers, commonly referred to as their “section 20” powers under the Health and Safety at Work Act 1974. These enable inspectors to enter premises, require the production of documents and compel individuals to provide information. They can inspect activities, plant and equipment, direct that areas be left undisturbed, take photographs, measurements and samples, and exercise any power necessary to enforce the legislation within their remit.

Independent Accident Investigation Branches also hold extensive powers designed to establish what happened and why. These include entering sites and vehicles, retaining items for testing, taking records and samples, requiring individuals to answer questions or provide formal statements of truth, and compelling the disclosure of documents and records.

The Coroner’s powers are significant when they have a statutory obligation to investigate a death. They can require individuals to give evidence and compel the production of documents or other material relevant to the inquest.

Information Sharing and Data Protection

You should be aware that information may also be shared between investigating authorities. What is shared—and with whom—is governed by a combination of law and formal arrangements such as Memoranda of Understanding. You need to understand this landscape to maintain a clear, consistent account of events and avoid confusion across parallel investigations.

Key Takeaways

• Early engagement is key: Parallel investigations can be lengthy and complex. Early, considered engagement—supported by timely legal advice—can materially influence outcomes.
• Control the flow of information: Different authorities may lawfully share information between themselves. Understanding what can be shared, and keeping your overall strategy under review, is critical.
• Look after your people: Witnesses may be asked to give evidence multiple times, often to different bodies with different remits. This can be stressful for individuals and carries risks if not carefully managed. Early clarity, coordinated disclosure and a people‑centred approach can make all the difference when scrutiny intensifies.

At Burges Salmon, we frequently provide training and advice to corporate clients on managing multi-stakeholder investigations. For more information or to discuss anything in this article, please contact Charlotte Whitaker in Burges Salmon’s Corporate Crime & Investigations team or sign up to our mailing list our Health and Safety mailing list by clicking the link below.

If you want to read the previous article in our series please find this included below: