OC 124/11 - Rev 3
1 Over the years, a mass of further information has accumulated informally and has been used in answering enquiries. This OC consolidates all this information in one location, in the form of a simple alphabetical guide given at the Appendix provide a quick reference tool. It cannot deal with every situation, but will be reviewed and updated regularly as guidance on new situations accumulates.
2 It is anticipated that the guide will be helpful to enforcement liaison officers (ELOs) and also to other staff who have to decide on a regular basis to which enforcing authority a phone call, complaint or accident should be directed. The guide will also be issued to local authorities (LAs) as a local authority circular (LAC).
3 This OC also summarises the essentials of the HS(EA) Regulations and lists other guidance. Any questions should be directed to ELOs.
4 Regulation 4(1) makes HSE responsible for enforcement against a county council, any other local authority as defined in reg.2, a parish council in England or a community council in Wales or Scotland, a police authority, a fire authority, the Ministry of Defence or a visiting force, the United Kingdom Atomic Energy Authority and the Crown (but not any part of premises occupied by HSE or any activity carried on there).
5 While HSE is the enforcing authority for any part of the premises occupied by the county council etc, it is not necessarily the enforcing authority if the county council etc do not themselves occupy the premises. The enforcing authority in such cases would be determined by the main activity carried on within those premises, the LA being the enforcing authority where the main activity is specified in schedule 1 (with HSE responsible, in such cases, for the enforcement of any schedule 2 activities that may occur from time to time).
6 The LA enforce for those main activities listed in the Regulations schedule 1 which are not carried out by any of the organisations listed in para 4 above.
7 Activities listed in the Regulations schedule 2 are for HSE to enforce in premises, even if the LA otherwise has responsibility for enforcement in premises because the main activity carried out there is listed in schedule 1.
8 Regulation 5 provides arrangements enabling responsibility for enforcement to be transferred by agreement between HSE and the LA, or by the Executive.
9 HSW Act s.6 and the Supply of Machinery (Safety) Regulations 1992 (as amended), fall to HSE for all work activities.
10 The Electrical Equipment (Safety) Regulations 1994 (and certain other regulations made under the Article 100A Directive) make HSE responsible for enforcement in connection with electrical equipment designed for use or operation by persons at work, and for such equipment in use in non-domestic premises. The trading standards officer has enforcement responsibilities for consumer products.
11 The common parts of domestic premises fall to HSE, as does any work activity carried out at domestic premises where there is no independent means of access other than from the domestic areas of the property.
12 Where activities being undertaken constitute ‘operation of a railway’ ( or a tramway) the Office of Rail Regulation (ORR) is the enforcing authority under the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 – as amended 2008.
The demarcation between ORR, HSE and LA’s is set out in a Memorandum of Understanding ( MoU ) between HSE and ORR with detailed demarcations set out in the appendix to the MoU. This document should be used as the primary guide to enforcement responsibility .
Date first issued: 6 December 1999
(220/FOD/1044/1999)
