Local authority enforcement

HSE and over 380 individual local authorities (LAs) are responsible for the enforcement of health and safety in Great Britain, under the general direction of the Health and Safety Executive Board.

The Health and Safety at Work etc. Act 1974, and related legislation, is enforced  at individual work premises by HSE or the relevant LA according to the main activity carried out there. LAs also enforce other primary legislation relating to pesticides (Food and Environment Protection Act 1985) on a similar basis, as well as storage of explosives and petroleum licensing. The latter aspects are also enforced by Fire Authorities and Trading Standards departments.

The Health and Safety (Enforcing Authority) Regulations 1998 (EA Regulations) allocate the enforcement of health and safety legislation at different premises between LAs and HSE. Some businesses, such as dry cleaning and motor vehicle repair, are enforced either by HSE or LAs depending on the main activity at a particular premise. Responsibility for enforcement at certain premises may be transferred between HSE and LA’s by agreement.

LAs are the principle enforcing authority in retailing, wholesale distribution, warehousing, hotel and catering premises, offices, and the consumer/leisure industries. However, HSE may also have some enforcement responsibilities at certain premises. HSE has provided guidance that provides an A-Z list of enforcement allocation.

• Section 18