LRD guides and handbook July 2015

Health and safety law 2015

Chapter 2

Enforcement agencies and regulators

[ch 2: pages 24-25]

The HSE and local authority environmental health departments are responsible for enforcing most health and safety legislation in workplaces. The appropriate enforcement authority depends on the type of workplace, as set out in the Health and Safety (Enforcing Authority) Regulations 1998. Local authority environmental health officers (EHOs) generally deal with offices, shops and warehouses as well as leisure centres and some places of entertainment.

Local authorities currently regulate health and safety in around half of business premises in the United Kingdom. The HSE, which is divided into several inspectorates, deals with factories, agriculture, building sites, quarries, mines, schools and colleges, fairgrounds, gas, electricity and water systems, hospitals and nursing homes, and central and local government premises.

Other enforcement agencies are responsible for particular areas of health and safety and they often work together. For example, the police will be involved in investigations into road traffic accidents (RTAs) and work-related deaths where there is an indication of manslaughter (or another serious general criminal offence).

The Office of Rail Regulation (ORR) deals with railway safety, and local fire and rescue authorities enforce fire safety legislation in most workplaces. The Maritime and Coastguard Agency enforces marine safety and the Civil Aviation Authority (CAA) is responsible for aviation safety regulation.

The Driving and Vehicle Standards Agency sets standards for driving and motorcycling, and ensures that drivers, vehicle operators and MOT garages understand and follow roadworthiness standards. It also provides a range of licensing, testing, education and enforcement services. The Office for Nuclear Regulation regulates the nuclear sector and is responsible for regulating the transport of radioactive material.

The Gangmasters Licensing Authority (GLA) regulates employers who supply labour to the fresh produce supply chain including agriculture, horticulture, fish processing, gathering shellfish, dairy farming and packaging or processing food and drink products, via a licensing scheme. The Gangmasters Licensing (Exclusions) Regulations 2013 amended the GLA’s licensing powers so that operators of some types of activities no longer need to apply for a GLA license. More information is available at: www.gla.gov.uk/Guidance/Information-on-Licensing/Exclusions