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Local Authorities
This page provides information on the responsibility
of local authorities to enforce work-related health
and safety law .
The Health and Safety Executive is the main body enforcing
work-related safety law in Britain. However the HSE
is only responsible for enforcing health and safety
law in certain premises; the remaining premises are
enforced by Local Authorities.
Britain is divided into over 400 different local authorities.
Each of these has an Environmental Health Department
(EHD) which employs Environmental Health officers
(EHO). An EHO might be responsible for more than just
work-related health and safety - since Local Authority
also have responsibility for the enforcement of food
safety law.
Local Authority Enforced Premises
The Responsibility of Local
Authorities
Supervision by the HSC
HELA
Local Authority Enforced Premises
Schedule 1 to the Health and Safety (Enforcing Authority)
Regulations 1998 sets out those premises which Local
Authorities are responsible for enforcement. These
are the premises that are responsible for
- The sale of goods,
or the storage of goods for retail or wholesale
distribution, except -
(a) at container depots where the main activity
is the storage of goods in the course of transit
to or from dock premises, an airport or a railway;
(b) where the main activity is the sale or storage
for wholesale distribution of any substance or preparation
dangerous for supply;
(c) where the main activity is the sale or storage
of water or sewage or their by-products or natural
or town gas;
and for the purposes of this paragraph where the
main activity carried on in premises is the sale
and fitting of motor car tyres, exhausts, windscreens
or sunroofs the main activity shall be deemed to
be the sale of goods.
- The display or
demonstration of goods at an exhibition for the
purposes of offer or advertisement for sale.
- Office activities.
- Catering services.
- The provision of
permanent or temporary residential accommodation
including the provision of a site for caravans or
campers.
- Consumer services
provided in a shop except dry cleaning or radio
and television repairs, and in this paragraph "consumer
services" means services of a type ordinarily
supplied to persons who receive them otherwise than
in the course of a trade, business or other undertaking
carried on by them (whether for profit or not).
- Cleaning (wet or
dry) in coin operated units in launderettes and
similar premises.
- The use of a bath,
sauna or solarium, massaging, hair transplanting,
skin piercing, manicuring or other cosmetic services
and therapeutic treatments, except where they are
carried out under the supervision or control of
a registered medical practitioner, a dentist registered
under the Dentists Act 1984[19], a physiotherapist,
an osteopath or a chiropractor.
- The practice or
presentation of the arts, sports, games, entertainment
or other cultural or recreational activities except
where the main activity is the exhibition of a cave
to the public.
- The hiring out of
pleasure craft for use on inland waters.
- The care, treatment,
accommodation or exhibition of animals, birds or
other creatures, except where the main activity
is horse breeding or horse training at a stable,
or is an agricultural activity or veterinary surgery.
- The activities of
an undertaker, except where the main activity is
embalming or the making of coffins.
- Church worship or
religious meetings.
- The provision of
car parking facilities within the perimeter of an
airport.
- The provision of
child care, or playgroup or nursery facilities.
If you would like to see
the whole of these regulations, click
here
Responsibility of Local
Authorities
Section 18(4) of the Health and Safety at Work Act 1974
states that in relation to those premises to which it
is given responsibility, each local authority should:
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"make
arrangements for the enforcement … of the
relevant statutory provisions" |
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"perform
that duty … in accordance with such guidance
as the Commission may give them" |
The Health and Safety
Commission therefore has the power to issue guidance
to Local Authorities which have a duty to act in accordance
with them.
If you would like to download the HSC guidance, please
click
here (PDF)
The guidance states, in summary that:
| "In
the view of HSC, the following elements are essential
for an LA to adequately discharge its duty as
an enforcing authority: |
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a
clear published statement of enforcement policy
and practice; |
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a
system for prioritised planned inspection activity
according to hazard and risk, and consistent with
any advice given by the Health and Safety Executive
and Local Authorities Enforcement Liaison Committee
(HELA); |
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a
service plan detailing the LA's priorities and
its aims and objectives for the enforcement of
health and safety; |
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the
capacity to investigate workplace accidents and
to respond to complaints by employees and others
against allegations of health and safety failures;
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arrangements
for benchmarking performance with peer LAs; |
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provision
of a trained and competent inspectorate; and |
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arrangements
for liaison and co-operation in respect of the
Lead Authority Partnership Scheme." |
More specifically the
guidance requires:
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the
LA to "ensure their approach to enforcement
is consistent with the policy set out in the current
HSC Statement on Enforcement Policy" |
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the LA, in managing
its enforcement processes, should aim to:
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fulfil the
HSC/HELA objective of reducing risks and
protecting people; |
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implement
HSC/HELA aims, priority programmes and have
regard to the Revitalising Health and
Safety Strategy Statement published
in June 2000; |
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achieve
the balance of enforcement processes which
optimises overall effectiveness; |
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ensure the
immediate control of serious risk and promote
continuous improvement and long-term compliance; |
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work with
duty holders, employees and their representatives
by establishing effective dialogue to encourage
open contribution and co-operation in achieving
appropriate standards of health and safety; |
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use the
information supplied by the duty holder
and employee representatives to help target
enforcement activity proportionately and
appropriately to promote cost-effective
compliance; |
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maintain
transparent arrangements to promote public
confidence; |
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meet stakeholders'
expectations and current Government response
performance targets; |
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collect,
analyse, and disseminate information to
improve the effectiveness of processes,
law, policy and guidance and inform stakeholders; |
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work in
collaboration with other regulatory authorities,
eg HSE, Petroleum Licensing Authority, Police
(and Procurator Fiscal in Scotland). |
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Supervision
by the HSC
Section 45 of the 1974 Act provides powers to the Commission
if in its view the Local Authority is failing to perform
"any of their enforcement functions"
The HSC guidance summarises HSC's powers in relation
to this:
"If an
LA fails to meet its legal obligations under section
18 of the HSW Act, the Secretary of State may, after
considering a report submitted to him by HSC, cause
a local inquiry to be held. If the Secretary of State
is satisfied by such an inquiry that an LA has failed
to perform any of its enforcement functions, he may
make an order declaring the authority to be in default.
The order may direct the authority to perform their
enforcement functions in a specified manner within
a specified period of time.
If the defaulting authority
fails to comply with such an order under section 45
of the HSW Act, the Secretary of State may enforce the
order, or make an order transferring the enforcement
functions of the defaulting authority to the Health
and Safety Executive (HSE). In such a case, HSE's expenses
are paid by the defaulting authority."
HELA
Within the HSE, there is a Local Authority Unit in which
there is a "Health and Safety Executive/Local Authority
Enforcement Liaison Committee" - otherwise known
as HELA. The HSC guidance mentioned above is supplemented
by guidance produced by HELA. These include the following
documents.
Open
Government
Safety
Reps
Enforcement
Inspection
Report Forms
Road
Traffic
Safety
policies
Liaison
with the HSE
If you want to access all the circulars, click
here
audit
CCA/TUC Conference
The CCA recently held a conference (along with the TUC)
on "Law Enforcement and Corporate Accountability"
issues. One paper concerned Enforcement by Local Authorities.
If you would like to download this paper, please click
here [AndyLucas.pdf]
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