Health and Safety
Executive / Commission
Enforcement
This sets out the general principles and approach which HSC expects the health and safety enforcing authorities (mainly HSE and local authorities) to follow.
This assists enforcing authorities in the exercise of discretion when determining action, including the selection of incidents for investigation, where a breach of section 3 is suspected.
This explains the philosophy adopted by HSC and HSE in regulating health and safety in hazardous industries through the use of permissioning regimes
This provides legal guidance to HSE staff in respect of their enforcement powers and duties and is of use to other health and safety enforcement agencies
The Enforcement Management Model is a framework that helps HSE & local authority staff make enforcement decisions in line with HSC’s Enforcement Policy Statement.
General guidance on the selection, for investigation, of incidents that may have arisen as a result of breaches of section 3 of the Health and Safety at Work etc Act 1974.
The HSC Enforcement Policy Statement adopts a wide definition of “enforcement”:
Enforcing authorities may offer duty holders information and advice, both face to face and in writing. They may warn a duty holder that in their opinion, they are failing to comply with the law.
Where appropriate, they may also serve improvement and prohibition notices, withdraw approvals, vary licence conditions or exemptions, issue formal cautions ( England and Wales only), and they may prosecute (or report to the Procurator Fiscal with a view to prosecution in Scotland).
In carrying out its enforcement role, HSE follows these internal operational procedures:
This protocol has been agreed between the Police, British Transport Police, Crown Prosecution Service, HSE and Local Authorities
Work-related deaths protocol: Welsh version
The Office of Rail Regulation becomes a signatory
This is practical guidance applying the principles of the protocol
This sets out the general principles HSE staff follow when working with the victims of health & safety incidents
What HSE’s policy means for you.
