|
Health and Safety Commission
This
page gives you a summary of the purpose and functions
of the Health and Safety Commission (HSC).
The Commission is central to issues relating to the
enforcement of health and safety in Britain. It however
does not enforce health and safety law directly -
this is the job of the Health and
Safety Executive (HSE) - the 'operational' arm
of the Health and Safety Commission - and Local
Authorities.
In general terms, whilst the HSE does what the HSC
asks it to do, the HSC itself does what the Government
- currently through the Department of Transport, Local
Government and the Regions (DTLR) - asks it to do.
However, the Commission does have an important level
of autonomy and the Government is not in a position
to simply 'bulldoze' policies though the Commission.
You will find a summary of these relationships below.
However, the Health and Safety Commission has published
a document called the "Framework of Accountabilities"
that sets out the relationship between the Commission,
the Government and the Executive.If youwould like
to download it
This document, "Framework
of Accountabilities" refers to a number of annexes.
Click here if you would like
to access these.
The Commission only has responsibility for land-based
work-related safety issues.
The Commissioners
HSC meetings and access
to agendas, minutes and papers
Duties of the HSC
The HSC's Open Government Policy
The HSC and the Government
The HSC and the Executive
The HSC Advisory Committees
The HSC and Resources
HSC's
New Enforcement Policy Statement
HSC and Company Annual Reports
HSC Consultation Documents
The Commission and the CCA
The Commissioners
The Health and Safety Commission is established by
section 10 of the Health and Safety at Work Act 1974.
The Commission consists of a number of "commissioners"
- a Chairman and between six to nine other commissioners
all of whom are appointed by the Government - and
a small number of civil servants.
The Act states that three of the Commissioners should
be appointed only after consulting organisations which
represent "employers" and another three
after consultation with organisations that represent
"employees". In effect, therefore, three
of the commissioners are seen as "employer"
representatives and another three, as "employee"
representatives.
If the government decided to have more than six commissioners,
the Act states that it should only appoint them after
consulting with organisations that represent Local
Authorities and other organisations that promote health
and safety.
The following individuals are currently commissioners:
The
Commission has a Code of Practice
for Commissioners. This requires commissioners, amongst
other things, to declare their interests. The CCA
has obtained the register from the HSC. If you would
like to see this, click
here.
Back
HSC Commission Meetings
The HSC holds meetings on a fortnightly basis. It
is at these meetings that the Commission makes all
its key decisions
Each meeting has the following documents that are
now publicly available:
These
documents, relating to Commission meetings since October
2000 are now available on the HSC
website.
Back
Duties of the Commission
The 1974 Act sets out a range of duties which the
Commission must undertake. This includes the general
duty to "do such things and make such arrangements
as it considers appropriate" to fulfil the purposes
of the Act. The HSC's "Framework of Accountabilities"
(see above) states that in effect:
"these
arrangements make the Commission, subject to the authority
of the relevant Secretary of State, the prime mover
in relation to the regulation of health and safety
at work. This involves proposing and setting necessary
standards, on which the Commission is advised by the
Executive, and - through HSE - securing compliance
with those standards and undertaking other forms of
activity designed to stimulate or support necessary
action on the part of people and organisations who
create potential harm."
The
documents summarises the Commission's main duties as:
-
submitting proposals for regulations to Ministers
after consultation with appropriate government departments
and other bodies
-
arranging for the provision of information and advice
to Ministers amongst others
-
arranging for the operation of an information and
advisory service
-
arranging for research to be carried out and published
and encouraging research by others;
-
arranging for the provision of training and information
and encouraging their provision by others;
It
summarises the "powers of action" that the
Commission has available to it in the following manner.
-
approving and issuing codes of practice;
-
making agreements with government departments
-
giving guidance to local Authorities on enforcement
-
directing the Health and Safety Executive to investigate
and report on incidents or other matters and directing
inquiries to be held;
-
appointing committees
-
providing any services, facilities or information
required by a Government Department or public authority..
Back
The
HSC's Open Government Policy
The HSC has what it calls an "open Government
policy". If you would like to see the text of
this policy, click here
If you would like to know what information is available
from the Health and Safety Commission or the Executive
and how to obtain it, please click
here
Back
The HSC
and the Government:
The Commission has a complicated 'constitutional'
relationship with the Government. Although the HSC
is an independent body:-
(a)
it is accountable to the
Government
(b) it requires in relation to a number of its functions,
the consent of the Government. So, for example,
the Commission can only approve and issue 'codes
of practice' with the Government's agreement;
(c) it can be directed to do particular things by
the Government.
Back
The
HSC and the HSE
The Commission also has a complicated relationship
with the Health and Safety Executive. Section 11(4)
of the 1974 Act states that it shall be the duty of
the Executive to "exercise on behalf of the commission
such of the Commission's functions as the Commission
directs it to exercise." In July 1976, the Commission
gave a directive to the HSE stating that the Executive
should "prepare proposals for the decision of
the Commission", "make recommendations to
the Commission from time to time", "carry
out the Commission Decisions" and take responsibility
for the Employment Medical Advisory Service. To see
the text of this letter, click
here
This means, in effect, that the Executive does most
of the background work upon which the Commission can
then make its decisions. So, for example, although
it is the Commission which actually issues Codes of
Practice and makes the final decision on their content
(with the consent of the Government), the drafting
itself is done by the Health and Safety Executive.
There is one broad exception to the Commission's control
of the Executive; the Commission can not give the
Executive "any directions as to the enforcement
of any of the relevant statutory provisions in a particular
case". That means that the Commission can not
direct that the Executive, for example, to prosecute
a company in relation to a particular incident. But
what the Commission can do (and does) is publish an
Enforcement Policy Statement which sets out the criteria
that the Executive should use in deciding when to
prosecute. This statement was, of course, drafted
by the HSE, before the Commission considered it, commented
on it and finally agreed it
Back
Advisory
Committees to the Health and Safety Commission
The Commission has established a number of Advisory
Committees - divided by 'subject' or 'industry'. To
see these, click here.
Back
Resources
The Government gives a certain sum of money - known
as a 'grant-in-aid' - to the Commission, a small proportion
of which it will keep for its own activities, with
the remaining being given to the HSE.
In the year 2000/2001, the government gave the Commission
£189,400,000 (i.e about £189 million).
It kept £611,000 for itself and gave the remaining
£188,7897,000 to the Health and Safety Executive.
The Health and Safety Executive also raises money
by levying fees and charges - £52 million last
year.
Back
HSC's
New Enforcement Policy Statement
After a long period of consultation, the Health and
Safety Commission published a new Enforcement Policy
Statement in January 2002. The Statement sets out
how inspectors, both from the Health and Safety Executive
and Local Authorities, should use their powers - in
particular those relating to the prosecution of organisations
and individuals - to enforce health and safety law.
•To
download the new EPS, click
here (PDF document).
•To see how the new statement differs from the
previous statement and to see CCA's comments on the
new statement click
here. and look at the analysis section on the
newsletter.
•To see documents relating to the consultation
process, click
here.
HSC
and Company Annual Reports
The HSC has published guidance, entitled "Health
and safety in annual reports" which sets out
how a company should address health and safety issues
in their published annual report and sets out the
HSC’s views on the minimum health and safety
content of such reports.
To read about:
• background to the voluntary guidance
• what guidance says;
• CCA’s view on this document;
• new research by the HSE on company annual reports;
Click Here
HSC Consultation Documents
The Commissoin has published a number of consultation
documents which are of interest to law enforcement
and corporate accountability issues and which the
CCA has responded. Click below for papers relating
to each of these consultations.
Back
The
HSC and the CCA
Subsequent to the conclusion of the Inquiry by the
Select Committee on Environment, Transport and the
Regions into the work of the Health and Safety Executive
- at which the CCA had given written and oral evidence
- the Commission agreed to meet up with the Centre
on 28 March 2000.
In preparation for this meeting, the CCA had prepared
a document. To see a summary of this document click
here. If you wish to download the document
click here.
Back
The Commissioners
Back to top
Mr Bill Callaghan.
Appointment as Chair of the Health and Safety Commission
commenced on 1 October 1999. He was previously the Chief
Economist and Head of the Economic and Social Affairs
Department at the TUC. He has considerable experience
of working with different groups in industry and public
life and has served on the boards of Business in the
Community and the Basic Skills Agency. He has a particular
interest in developing partnerships between trade unions
and employers at the workplace and at national level.
He served on the Low Pay Commission from 1997 - 2000.
He was also a member of the Economic and Social Research
Council's Research Priorities Board. He is a Visiting
Fellow of Nuffield College Oxford.
Back
Mr George Brumwell.
Appointment commenced on 1 April 1998. He is General
Secretary of the Union of Construction, Allied Trades
and Technicians. He is a member of the Labour Party
National Policy Forum and the TUC's Executive Committee
and General Council. He is a long-time member of the
Construction Industry Training Board and a board member
of the Construction Skills Certification Scheme for
the Construction Industry. He is an Executive Committee
Member of the European and International Federation
of Building and Wood Unions.
Back
Ms Margaret Burns.
Appointment commenced on 1 April 1998. She is a part-time
tutor of Public Law at the University of Aberdeen. She
has taught in the law faculties at Dundee and Glasgow
Universities and at the Open University. She was formerly
the Legal Advisory Officer for, and is now a member
of, the Scottish Consumer Council, which nominated her
for the Health and Safety Commission.
Back
Mr Abdul Chowdry JP.
Appointment commenced on 1 April 1999. He gained more
than 34 years experience as a Health, Safety and Environment
Advisor at Turner and Newall PLC (manufacturing), where
he worked until August 1998. He is the Director of Blackburn/Darwen
Racial Equality Council. He has been a magistrate since
1976. He was a Labour Councillor at Rochdale Metropolitan
Borough Council from 1972 to 1998, where he chaired
a number of committees including Housing, Policy and
Economic Development. He was also a member of the Greater
Manchester Police Authority from 1986 to 1998.
Back
Cllr Joyce Edmond-Smith.
Appointment commenced on 1 April 1997. She has been
a councillor for 13 years and is a member of Brighton
and Hove Council. She has been a member of the Association
of District Councils for eight years and has a wide
experience of environmental and health issues in local
government. Over the past ten years she has chaired
the Brighton Environment and Planning Committee and
the Environment and Health Committee of the Association
of District Councils. She has been a member of Brighton
and Hove Community Health Council and is presently a
member of the 'Local Agenda 21' Steering Committee.
She taught in Further Education for 20 years.
Back
Judith Donovan CBE.
Appointed 1 October 2000. A Yorkshire businesswoman
who founded her own direct marketing company in 1982,
was Chairman of Bradford TEC from 1989-97, and the first
female President of Bradford Chamber of Commerce from
1992-2001. She is currently a director of Business Link
West Yorkshire and the Northern Ballet Theatre, Patron
of Bradford Samaritans and member of the Programme Monitoring
Committee for Objective 2 Funding for Yorkshire and
the Humber. She is also a Millennium Commissioner and
Chairman of Postwatch for the North of England.
Back
Judith Hackitt
Trained as a Chemical Engineer at Imperial College,
London. She has been Director of Business and Responsible
Care at the Chemical Industries Association (CIA) since
1998 and was appointed Director General of the CIA from
1 April 2002. Judith was previously employed as Group
Risk Manager at Elementis PLC with world-wide responsibility
for health and safety insurance and litigation. She
also served for three years as a non-executive Director
of Oxfordshire Health Authority. She holds no other
Ministerial appointments nor is engaged in any political
activity.
Back
Maureen Rooney.
Appointment commenced on 1 October 2000. She is a National
Women's Officer for the Amalgamated Engineering and
Electrical Union and is a Member of the Executive Council
of the Confederation of Shipbuilding and Engineering
Unions. She was nominated for the Health and Safety
Commission by the Trade Union Congress and has served
on the TUC's General Council since 1990 and the Executive
Council since 1998. She is a former Vice-President of
the National Childminder's Association and was on the
Board of Management for the Adult Literacy and Basic
Skills Unit. She was also on the Council of Management
for the Merchant Navy Welfare Board. She has undertaken
a range of political activities for the Labour Party
including speaking and canvassing on behalf of the party
and is a member of the NEC Women's Committee. She holds
no other Ministerial public appointment
Back
John Longworth.
Group Trading Law and Technical Director of Tesco PLC.
He is currently accountable for Corporate Policy on
Regulatory, Consumer and Scientific Affairs and for
product quality and operating standards, including environment,
safety and operational risk management. John has been
in Commerce and Industry for almost twenty years and
for the whole of this period he has been involved with
UK and European Government. He is currently a member
of several British Retail Consortium Policy Committees,
Chairs the Institute of Grocery Distribution Director’s
Technical Forum and sits on the Governments’ Advisory
Committee on Packaging Waste and Recycling. He is not
engaged in any political activity.
Back
Mr Owen Tudor.
Appointment commenced on 17 November 1998. He is a Senior
Policy Officer at the TUC responsible for prevention,
rehabilitation and compensation. He was a member of
the HSC Advisory Committee on Toxic Substances and Occupational
Health Advisory Committee's occupational health services
sub-group. He is a member of the Industrial Injuries
Advisory Council and is a member of the Civil Justice
Council. He is a trustee of the Royal National Institute
for Deaf People and developed the first social partnership
between the TUC and a small firms organisation, the
Forum of Private Business. He is married and has a young
son.
Back
Annexes to "Framework
of Accountabilities
Annex
1-4 .This contains
- Responsibilities
of Secretaries of State in Relation to work of HSC/E
-
Agency Agreements and Memoranda of Understanding
-
Advisory Committees to the Health and Safety Commission.
-
Letter from HSC to HSE giving formal direction Under
Section 11(4) of 1974 Act
Annex
5: Financial Memorandum
Back
The Commission: accountable to, and controlled
by, the Government
Section 11(3) of the 1974 Act states that:
It should be the duty of the Commission -
(a)
to submit to the Secretary of State from time to time
particulars of what it proposes to do for the purpose
of performing its functions; and
(b) subject to the following paragraph, to ensure
that its activities are in accordance with the proposals
by the Secretary of State
(c) to give effect to the any directions given to
it by the Secretary of State
Section
12 states that, the Secretary of State may …-
(ii)
approve, with or without modifications any proposals
submitted to him in pursuance of section 11(3)(a);
(iii) give to the Commission at any time such directions
as he thinks fit with respect to its functions (including
directions modifying its functions, but not directions
conferring on it functions other than any of which
it was deprived by previous directions given by virtue
of this paragraph), and any directions which it appears
to him requisite or expedient to give in the interests
of the safety of the State.
Back
Directive from HSC to HSE
in 1976
M Seale Esq
Secretary to the HSE
Regina House
259 Marylebone Road
London
NW1 5RR
25 November 1976
Dear Mr Searle
At their meeting on the 20 July 1976, the Commission
decided to give a directive to the Executive under section
11(4) (a) of the Health and Safety at Work Act 1974.
This directive was communicated to the Executive by
circulating the minutes of the meeting to the Director
General and members of the Management Board. I think,
however, that the directive should be formally communicated
to the Executive and I should be grateful if you would
formally acknowledge that the Executive had received
it.
The text of the directive is as follows:
The commission directs the Executive to do all that
is necessary on its behalf in relation to section 11(1)
and (2) of the Health and Safety at Work etc Act 1974
to:
(i)
prepare proposals for the decision of the Commission:
(ii) make recommendations to the Commission from time
to time;
(iii) carry out the Commission Decisions.
The
Commission further directs the Executive to take on
behalf of the Commission such steps as are necessary
to maintain the Employment Medical Advisory Service,
including the appointment of Employment Medical Advisors
under section 56 of the Health and Safety At Work Act
1974
Yours sincerely
V G Monks
Secretary to the Commission
Back
HSC
Committees
Subject Advisory Committees
Advisory Committee on Dangerous Pathogens
Advisory Committee on Dangerous Substances
Advisory Committee on Genetic Modification
Advisory Committee on Toxic Substances
Ionising Radiations Advisory Committee
Advisory Committee on the Safety of Nuclear Installations
Occupational Health Advisory Committee
Industry Advisory Committees
Adventure Activities Industry Advisory Committee
Agricultural Industry Advisory Committee
Ceramics Industry Advisory Committee
Construction Industry Advisory Committee
Deep Mined Coal Industry Advisory Committee
Foundries Industry Advisory Committee
Health Services Industry Advisory Committee
Higher and Further Education Advisory Committee
Offshore Industry Advisory Committee
Paper and Board Industry Advisory Committee
Printing Industry Advisory Committee
Railways Industry Advisory Committee
Rubber Industry Advisory Committee
Schools Education Advisory Committee
Textiles Industry Advisory Committee
Back |
