Enforcement agencies and regulators

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, central and local government premises and nuclear installations.

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; the Civil Aviation Authority (CAA) is responsible for aviation safety regulation; the Driving Standards Agency deals with driver training and testing; and the Vehicle and Operator Services Agency (VOSA) deals with vehicle testing.

The Office for Nuclear Regulation was set up as a non-statutory body from 1 April 2011 to regulate the nuclear sector, pending legislation to create a separate statutory body. It has taken over responsibility from the Nuclear Directorate. It is also 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. In April 2013, the Department for Environment, Food and Rural Affairs (DEFRA) consultation resulted in the Gangmasters Licensing (Exclusions) Regulations 2013, which came into effect on 1 October 2013

These regulations have amended the GLA’s licensing powers so that operators of some types of activities no longer need to apply for a GLA license. Certain exclusions apply to some areas of agriculture, supplying workers of process and packaging, and directly employing workers gathering shellfish using a fishing vessel. More information is available at: www.gla.gov.uk/Guidance/Information-on-Licensing/Exclusions.

In April 2014, the Report of the Triennial Review of the Gangmasters Licensing Authority, carried out by the Department of Food and Rural Affairs (DEFRA), concluded that the functions of the GLA are still necessary. The GLA has the status of a Non-Departmental Public Body (NDPB) but it became sponsored by the Home Office from April 2014.