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Delegated authorities – FOD

OM 2011/02

1. Purpose and introduction

1.1 This operational minute (OM) sets out the process and procedure for the delegation of authorities for staff within FOD to exercise the functions of the Executive and has been authorised by the Director of Field Operations (DFO).

2. Background

2.1An issue arose in 2009 relating to the authority of a Directorate's staff to carry out their functions following a departmental restructuring. There was a concern that, legally, authorisation for certain actions had not been properly delegated to them.  As a result, HSE's CEO issued a new general authorisation on 4th December 2009 which, save in relation to certain specified powers that are defined in this revised procedure, authorises  all members of HSE staff (SCS and below) to perform all of its functions. This was to ensure that legal authority will always exist across HSE.

3. Procedures for Delegated Authorities within FOD

3.1 This revised procedure -  'Authorisation for members of staff to perform functions on behalf of the Executive' covers all staff within FOD and replaces the previous arrangements that were set out within General Administrative Procedure (GAP 7) –' Procedures for authorising members, officers or servants of the Executive, to perform the functions of the Executive'.

3.2 Under the revised procedure there is no longer a requirement for any FOD staff to hold copies of signed authorisations locally, or to send copies of documentation to HSE's legal advisors' office (LAO) or Secretariat.

3.3 Apart from the general specified powers that are defined as exceptions within the revised procedure, there are several Acts and Regulations enforced across FOD that should only be performed by persons with the appropriate competence/expertise and seniority to discharge these functions. This legislation is set out in Annex 1 for the delegation of approvals and in Annex 2 for the delegation of powers to issue exemptions.

4. Monitoring and review arrangements

4.1 FOD's Accountability Section will review these arrangements on an annual basis, in consultation with the B1 Procedures working group, to ensure there are adequate management controls in place.

Annex 1 (Table 1) - Legislation (approvals) that allows the ability to delegate authority within HSE or to other bodies

Legislation Regulation Delegated Authority
Adventure Activities Licensing Regs 2004 Reg 17  licences AALS
Agriculture (Tractor Cabs) Regs 1974 Reg 3  approvals The Executive
Control of Asbestos Regs 2006 Reg 8  licences ALU Band 2
Control of Pesticides Regs 1986 Reg 7 Band 2
Docks Regs 1988 Reg 17  Approvals The Executive
Employers Liability (Compulsory Insurance) Act 1969 and Regs 1998 S.4(2)b and Reg 8 authorisation Operations managers
Food and Environmental Protection Act 1985 S.19 Sch 2 powers Inspectors' warrants
Health and Safety at Work Etc Act 1974 S.10 & Sch 2(9) & (12) CEO to authorise SCS
Health and Safety at Work Etc Act 1974 S.19 authorisations CEO to authorise inspectors
Health and Safety at Work Etc Act 1974 S.19 authorisations CEO to authorise Ionising Inspectors
Health and Safety at Work Etc Act 1974 S.18 authorisations Local Authorities
Health and Safety (Enforcing Authority) Regs 1998 Reg 5 and Reg 6 Enforcing authorities
Health and Safety Inquiries (Procedure) Regs 1975 Reg 2 and 6(1) Officer of Executive so appointed
Ionising Radiation Regs 1999 Reg. 5(2), 6(3) and 6(4)  notifications, waivers, & certification Band 2 & 3 Specialist Inspectors and Band 2 Inspectors
Legislative Reform (Health and Safety Executive) Order S.13,  Sch. 2 CEO
Plant Protection Products Regs 1995 Reg 8 The Executive
Pottery (Health and Welfare) Special Regs 1950 R 2 appointment of Doctors Chief or Deputy Employment Medical Adviser
The Freight Containers (Safety Convention) Regulations, 1984 Reg 5 The Executive
The Supply of Machinery (Safety) Regs. 1992; Reg 28 Down to and including Band 3 Inspectors
The Equipment and Protective Systems Intended for use in Potentially Explosive Atmospheres Regulations (EPS) 1996; Reg 15 Down to and including Band 3 Inspectors
The Gas Appliances (Safety) Regulations 1995. Reg 21 Down to and including Band 3 Inspectors
The Work in Compressed Air Regulations 1996 Reg 11 - approval of compression and decompression procedures SCS (Chief Inspector of Construction)

Annex 2 (Table 2) - Legislation (exemptions) that allows authority to be delegated from The Executive to members of the SCS and below

Legislation Regulation Delegated Authority
Agriculture (Tractor Cabs) Regs 1974 Reg 8 The Executive
Confined Spaces Regs 1997 Reg 6 The Executive
Construction (Head Protection) Regs 1989 Reg 9 Director of FOD, Regional Director of FOD & Head of Local Authority Unit
Control of Asbestos Regs 2006 Reg 32 The Executive
Control of Lead at Work Regs 2002 Reg13 The Executive
Control of Noise at Work Regs 2005 Regs 11,12 & 13 The Executive
Control of Substances Hazardous to Health Regs 2002 Reg 15 Certificate of exemption SCS and FOD Band 1
Control of Vibration at Work Regs 2005 Reg 9 & 10 The Executive
Dangerous Substances (Notification and Marking of Sites) Regs 2002 Reg 9 The Executive
Dangerous Substances and Explosive Atmospheres Regs 2002 Reg 13 The Executive
Dangerous Substances in Harbour Areas Regs 1987 Reg 46 The Executive
Docks Regs 1988 Reg 21 The Executive
Electricity at Work Regs 1989 Reg 30 The Executive
Health and Safety (Information for Employees (1989 amended 2009 Reg 6 The Executive
Loading and Unloading of Fishing Vessels Regs 1988 Reg 7 The Executive
Non Ferrous Metals (Melting and Founding) Regs 1962 Reg 4 Chief Inspector of Factories
Notification of Installations Handling Hazardous Substances Regs  1982 Reg 6 The Executive
Pottery (Health and Welfare) Special Regs Reg 5 Chief Inspector of Factories
Pressure Systems Safety Regs 2000 Reg 17 The Executive
Reporting of Injuries, Diseases and Dangerous Occurrences Regs 1995 Reg 13 The Executive
Shipbuilding and Ship-repairing Regs 1960 Reg 2(3) Chief Inspector of Factories
Work at Height Regs 2005 Reg15 The Executive
Work in Compressed Air Regs 1996 Reg 20 & Reg 21 The Executive
     
Source: Legislation identified via HSE's  LAO and  checked by FOD's B1 Procedures working group.    
Updated 2013-11-27