Home
About
Newsletter
Advice & Assistance
Researh & Briefings
Deaths, Inquests & Prosecutions
Corporate  Crime & safety Database
Safety Statistics
Obtaining Safety Information
CCA Responses to Consultation Documents
CCA Advocacy
CCA Press Releases
CCA Publications
Support the CCA
Bibliography
Search the CCA site
Contact Us
Quick Links ->
HSE's Policy on Disclosure of Information to the public

Until the application of the Freedom of Information Act 2000 (FOIA 2000) - which came fully into force on 1 January 2005 - HSE's information policy was seriously restricted by section 28 of the HASAW Act.

In effect this meant that any information that the HSE obtained through the use of its powers (i.e by inspection or investigation) or that a duty holder was required to provide to it, could not be released unless:
- the person who gave the statement or information 'consented' to it;
- it was for the purpose of 'legal proceedings'
- or it was for the 'purpose of the function of the HSE'.

To read about section 28 and the old policy.

However, section 28 has now been ammended to the effect that when a member of the public makes a written request for information (including by e-mail), section 28 no longer applies - and instead the request for information must be dealt within under the FOIA 2000.

To see the ammendement order

Section 28 therefore continues to apply if there is no request put in writing. The CCA is currently exploring with the HSE how the FOIA 2000 engages with requsts that bereaved families make for information and information in relation to this will shortly be put on the website

The vast majority of requests for information will however engage FOIA 2000. This section of the website allows you to read how this works. It is primarily geared towards those making applications for information to the Health and Safety Executive (HSE), but will be of use to those interested in applying to other regulatory bodies and indeed government departments.

The CCA is interested to hear from you if you have made a safety related request. We have a special page in which CCA's own requests are set out.

To see the request that the CCA and others have made, click here


If you just want to make a request for information to the HSE and dont want to read about the Act, click here


Introduction to the FOIA
What information can be obtained

Absolute Exemptions

Qualified Exemptions
- Article 30 in detail - Investigations and proceedings
- Article 31 in detail - law enforcement
Public Interest Test
What are HSE's appeal mechanisms

Key Documents and abbreviations
There are a number of key documents that the information in these pages is based on. You can download them below

The Freedom of Information Act 2000.
Available in PDF format (thanks to the Campaign for Freedom of Information)
To see it on the HMSO website, click here

HSE’s instructions to inspectors on the FOIA 2000
It is known as General Administrative Procedure (GAP) 1. It is referred to in the webpages as HSC/E Guidance

To download, Click Here (word doc)
Department for Constitutional Affairs Guidance
The DCA has produced a great deal of guidance on the application of FOIA. In these webpages it is referred to as Government Guidance
You can access it by clicking here


Page last updated on March 10, 2005