There is scope within the regulations to include local authority EHO's. However, any rollout to include them was supposed to be as a result of further consultation. I don't think this has happened yet - maybe they're waiting to see how it works with HSE inspectors first?

LA's are not included.

They may be in the future, though there will be alot of resistance to this (it would be very very difficult for LAs to achieve consistency throughout the UK, hence the reason for Primary Authorities).

There is a whole load of other issue relating to LA enforcement officer competence as (unlike the HSE) there are mydiad levels of qulaification and experience etc. amongst LA Environmental Health departments(not all enforcers are EHOs, some have limited qualificatiosn but still warranted powers etc.).

Actually, I stand corrected. The Explanatory Memorandum states the following:

8.3 A significant number of responses, including a number from local
authorities themselves, strongly recommended that local authorities be
excluded from the fee for intervention provisions. As a result, the new
provisions do not provide for local authorities (or any other body other than
HSE on which functions are conferred by health and safety law) to recover
their costs through fee for intervention.

I think it was within the consultation document that it probably stated tohat there would potentially be scope to extend to LA EHO's.

I see, Jake.

What about where a local authority inspector qualified and authorised for both FS and H&S enforcement is inspecting for FS when he/she sees a/some glaring breach of H&S legislation?

Scott

Although LA'S wont be charging the FFI to those dutyholders premises that are under LA control, I 'm assuming that if the HSE were to inspect because of a failing that would mean they may come in then a charge still may be applicable?

LAs are not part of FFI

Enforcing Authorities are directed that routine / programmed inspections are only carried out at the highest risk premises.

Low risk premises may still be visited if there were a complaint or RIDDOR report or may be subject to other types of intervention e.g educative initiatives

LAs have been advised for some time not to combine Food and H&S inspections ie to do H&S inspection just because the officer was there carrying out a food inspection ( unless the H&S inspection was due ). This was not considered appropriate - unnecessary extra burden on business.

this does not mean H&S matters of evident concern spotted during a visit for another reason could not or would not be dealt with. e.g an electrical appliance found in dangerous condition . If the officer that saw it was authorised for H&S then I would expect they may deal with it themselves. As Jake is Ithink suggesting officers doing food safety work are not necessarily authorised H&S inspectors as was more common place in the past- so if they spot something that they think looks wrong - they may have to refer it to someone else to investigate.