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Does the Health and Safety at Work Act take priority over the Housing Act?
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#1 Posted : 26 November 2004 19:39:00(UTC)
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Posted By Mark Dawes
We have situation where housing officers are being exposed to extreme anti-social behaviour by a local landlord when required to visit / inspect his properties in accordance with the requirement of the Housing Act. As part of a safe system of work the Officers have been told that if necessary they may leave if exposed to this risk whilst carrying out an inspection or enforcement action. Their concern however, is that if they leave they will be in breach of their statutory obligations as required by the Housing Act.
1. Does anyone have case-law refernces on whether the HS@W Act overrides the requirements of the Housing Act, and
2. Any suggestions on how this landlord should be dealt with effectively by the Local Authority possibly under Crime and Disorder and Anti-Social Behaviour legislation?
Many Thanks
Mark
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#2 Posted : 27 November 2004 15:56:00(UTC)
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Posted By David Thomas
Surely there is no arguement on this - HSAW takes priority.

The inspectors have all sorts of legal backup, such as the Police, to ensure they can carry out their duties under HA. The employer should be raising a Risk Assessment on this if a complaint or basic concern has been raised by individual(s)

I am surprised that there should be any problems as the individuals could refuse to carry out their duties if the situation is unsafe under HSAW.
What do the in-house H&S professionals say to all this ??

regards
Dave
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#3 Posted : 27 November 2004 21:12:00(UTC)
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Posted By Dave Wilson
Crikey why when we H&S people are faced with a problem, Do a risk assesment!

Report it to the Housing manager and take the Police next Time
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#4 Posted : 27 November 2004 22:17:00(UTC)
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Posted By Ken Taylor
Subjection to extreme anti-social behaviour sounds like a criminal act to me and should itself be reported to the police.
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