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'.
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.
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.
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
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The
Freedom of Information Act 2000.
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HSEs 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
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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
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