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Justice Iluore  
#1 Posted : 16 November 2020 13:00:09(UTC)
Rank: New forum user
Justice Iluore

Hello,

Can someone shed lights on the powers the local enforcement authority have in relation to a fatality? 

Brian Hagyard  
#2 Posted : 16 November 2020 13:30:56(UTC)
Rank: Super forum user
Brian Hagyard

Providing its in the local authority enforced sector they have exactly the same section 20 powers as the HSE do in theirs. They can also serve notice and instigate legal procedings.

If authorised by the local authority their are only minor differnces to HSE in that they can only act where the "offence" has occured in their loca authority, they do not enforce employers liability and if an incident id due to equipment being "dangerouse by design" thats always HSE.

Edited by user 16 November 2020 13:31:53(UTC)  | Reason: Not specified

peter gotch  
#3 Posted : 16 November 2020 14:00:16(UTC)
Rank: Super forum user
peter gotch

Justice, according to your user profile you are in IOSH Qatar Branch.

I don't know what powers officers of the enforcing authority have in Qatar or elsewhere in the Middle East.

If you asking about the powers of those appointed to enforce the Health and Safety at Work etc Act 1974 in Great Britain, whether employed by the Health and Safety Executive ('HSE') or by a local authority, then the answers are in Sections 20-25 of the 1974 Act, which deal not only with the powers of inspectors but issues such as appeals against enforcement notices.

You can find the Act in its amended version online at legislation.gov.uk

More information at the HSE website. www.hse.gov.uk

There is a code of regulations ('Enforcing Authority" Regulations) which assigns enforcement either to HSE or the relevant local authority (i.e. Council). In VERY broad terms, these regulations tend to assign more dangerous workplaces to the HSE, leaving Councils to deal with the generally lower risk places such as offices and shops.

The powers are essentially the same such that your mention of a fatality is somewhat immaterial. However, perhaps it is more likely that an offer of an enforcing authority might direct that the scene be left undisturbed following a fatality than most other scenarios.

When I worked for HSE this once meant that my Principal Inspector made such direction on a rather open ended basis. "You can wait until my Inspector manages to get there, but currently he is waiting to give evidence in a trial which is scheduled to last a week". When I did get there two police officers gave me a floor grid - I did wonder whether they had the legal authority to seize it, but guessed that nobody was likely to argue; in turn I "took possession" of the grid handing over the necessary piece of paper. Sat in my office for well over a year until the subsequent prosecution was concluded.

Don't make the mistake of assuming that fatality = enforcement action.

P

thanks 1 user thanked peter gotch for this useful post.
Brian Hagyard on 16/11/2020(UTC)
Brian Hagyard  
#4 Posted : 16 November 2020 14:29:06(UTC)
Rank: Super forum user
Brian Hagyard

LOL detailed response as always Peter - typical Ex HSE inspector response they do more dangerouse premises - as a LA inspector i did 25 fatal accident investigations in my time - so not that safe! Well spoted the person in question was not in UK. The other thing to remeber is that with "Corporate Manslaughter" the police will now often take the primary role in enforcement. Im my experiance (3 investigations) that means they mess about with it for 12 months, then CPS decides not to do anything so its back to HSE or LA authority to pick up the pieces.

peter gotch  
#5 Posted : 16 November 2020 16:19:38(UTC)
Rank: Super forum user
peter gotch

Brian - I was VERY careful with the wording of my comment on the Enforcing Authority Regs!

I know perfectly well that LA cover many places that would easily be considered "higher risk" - like all those customer fulfillment centres run by a well known online retailer!

....and Environmental Health Officers also enforce food hygiene and food safety legislation which for some deal with what might be higher risks than occupational health and safety law.

I never bought the party line that EHOs were second class to HSE Inspectors.

Roundtuit  
#6 Posted : 16 November 2020 21:50:22(UTC)
Rank: Super forum user
Roundtuit

Second post in as many days, repeated across the forums, as PG already asked are these exam questions you have been posed?

Roundtuit  
#7 Posted : 16 November 2020 21:50:22(UTC)
Rank: Super forum user
Roundtuit

Second post in as many days, repeated across the forums, as PG already asked are these exam questions you have been posed?

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