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Frequently asked questions

This section provides help about aspects of the Local Authority Unit's work that are frequently queried. More answers may be added to this page as they arise - so remember to look here for updates.

LAU

General

LAE1

Prosecutions

HELA

Information

Access

Local Authorities (LAs)

General

Lead Authority Partnership Scheme:

Enforcement

Resources


LAU

What is the LAU?

The Local Authority Unit is part of the Health and Safety Executive's (HSE) Operational Policy and Support Division (OPSD). HSE and local authorities (LAs) are responsible for the enforcement of health and safety in Great Britain under the general direction of the Health and Safety Commission (HSC). LAU has traditionally worked with the HSE/LA Enforcement Liaison Committee (HELA) to give national advice, information and guidance to LAs. The Unit is the central focus for the development of LA enforcement policy and also provides LA enforcement officers with training material and support. However it is currently developing a more strategic function, in support of the HSC's new Strategic Programme (LA's and HSE's Working Together)

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What is the - LAs and HSE Working Together - Strategic Programme?

In response to the changing economy and the Governments challenging targets to reduce injuries and ill health set by 'Revitalising Health and Safety' in June 2000, the downward trend in resources allocated to the Health and Safety function by LA's, the current divisions of enforcement responsibility between LAs and HSE, which do not capture the full potential of HSE and LAs to work together the HSC has produced a new strategic programme, the aim being to make them collectively more effective in improving health and safety - reducing the incidence of injuries and ill health in the workplace.

More information is available in the HSC's Strategy for workplace health and safety in Great Britain to 2010 and beyond.

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Where do I find the LAE1 form?

The Lae1 form is in the ' forms ' section of the HSE website, under 'Local Authority Returns' on the right-hand toolbar.

N.B - this section of the site has a secure connection, so ensure that 'https:' prefaces the web page address instead of the normal 'http:'

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What are the Standard Industrial Codes (SIC) for use in the LAE1?

The Companies House website is useful for finding specific SIC numbers for businesses: http://www.companieshouse.gov.uk/. The Industrial Classification Branch of the Office for National Statistics (ONS) are the guardians of SIC in the UK and liase with EU on required changes. We are currently using the 2003 version of this document. A complete list of SIC numbers is available for download at:

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I am having difficulties downloading the LAE1 form

You require Acrobat reader v 5 to be able to access this form. This can be downloaded for free from Adobe's website.

On occasion, difficulties can be experienced viewing a PDF file; these problems can range from a blank white screen in the browser window to a frozen computer. To overcome this problem, download the attachment directly to your computer.

To do this you must position your mouse pointer over the PDF attachment, and right click the mouse button. Select 'save target as', then specify where you want to save the file on your computer and the file will download.

You should then be able to open the file with Acrobat Reader without any difficulty. If this does not resolve the problem, for more general Acrobat issues, look at the HSE forms homepage.

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What is the Prosecutions Database?

In response to HSC/HSE's policy on openness and publicising information on prosecutions and notices, the HSE/LA Enforcement Liaison Committee (HELA) agreed that LAs would supply similar information on their prosecutions to HSE's Local Authority Unit (LAU) for collation and publication as a seperate report: 'The List of Health and Safety offences and penalties in local authority enforced sectors'. This register contains more detailed information about defendants and cases then is reported in LA's annual statistical returns (LAE1) and was first collected for 2000-2001 and made publicly available in September 2001. The list is published annually in non-searchable *.pdf format on HSE's LAU/HELA website. HSE's Equivalent report can be viewed on-line at the HSE Public Register of Convictions webpage.

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What are the Standard Industrial Codes (SIC) for use in the Prosecutions Database?

The Companies House website is useful for finding specific SIC Numbers for businesses: http://www.companieshouse.gov.uk/ The Industrial Classification Branch of the Office for National Statistics (ONS) are the guardians of SIC in the UK and liaise with EU on required changes. We are currently using the 2003 version of this document. A complete list of SIC numbers is available for download at:

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I am having difficulty in returning the prosecutions proforma

Information on how to complete the Prosecutions form is available on the closed site (requires authorisation). Problems experienced with the proformas can be addressed to the LAU Prosecutions Support:

Tel: 020 7717 6442

Email: la.prosecutions@hse.gsi.gov.uk

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HELA

What are HELA's current priorities for inspection?

HELA's current priorities for inspection in the LA enforced sector are given in Local Authority Circular LAC 40/5 [withdrawn]

As part of its 'Revitalising Health and Safety' strategy, the HSE has developed a 'Topic-based' approach to inspections, aimed at enabling inspectors to significantly improve compliance with health and safety guidelines is those aspects with greatest impact. HELA has agreed this approach should be adopted by all LA's from April 2004.

Full details of the Topic-Based Inspection Programme are available at the HELA Training Co-ordination website. Note: this website is only accessible to authorised LA enforcers.

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Where can I find information on Topic-based Inspection Programmes?

Information on Topic-based Inspection Programmes is available on the LAU/HELA web page and the complete Inspection pack is available on the HELA Training Co-ordination website. Note: this website is only accessible to authorised LA enforcers.

The Topic-based Inspection programme forms part of HSC/E's Revitalising Health and Safety Strategy.

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How do I access the closed HELA website?

The closed site contains non-disclosable information - under the conditions of Freedom of Information and Data Protection- on Lead Authority Partners and LAPS, the HSE Enforcement Handbook, and the current LA prosecutions return pack. This site is restricted to authorised enforcement officers, and access and security arrangements are made with all Chief Officers/Directors of Environmental Health.

Please note: Enforcing Authorities are advised to have a system in place to ensure all authorised staff have approved access to the information on the closed site. This should be included as part of the induction training for all new staff.

Any questions or problems regarding access to the Closed HELA site can be addressed to LAU enquires by email or by telephoning the LAU Enquiry line on: 020 7717 6442

mailto:lau.enquiries@hse.gsi.gov.uk,

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How do I access the HELA Training Co-ordination Website?

This is a password-protected site that is available only to serving authorised LA enforcement officers. Authorised personnel can log on to the site at: http://www.trainingco-ord.org/

Any enforcement officer who is unable to access the site and/or needs to be issued with a new password should contact: h.j.williams@salford.ac.uk.

Local Authorities

Who enforces where - HSE or LAs?

The Health and Safety at Work Act 1974 and related legislation is enforced by either HSE or local authorities (LAs), according to the main activity carried out at individual work premises. These are defined by the Health and Safety (Enforcing Authority) Regulations 1998. Detailed guidance is available in subject area 23 of the Local Authority Circulars (LAC's). LAC 23/15 provides an A-Z list of common enforcement allocation queries.

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What is LAPS?

LAPS stands for Local Authority Partnership Scheme. The scheme sets out to raise the standard of health and safety management within an organisation or business and encourage consistency of enforcement amongst those LAs that engage with it.

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Where can I find a list of Lead Authority Partners?

A list of Lead Authority Partners is available on LAU's closed site. This may only be accessed by authorised enforcement officers.

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Where can I find the Enforcement Guide?

The Enforcement Guide (EG) for England and Wales has replaced the original Enforcement handbook issued to LA's in England and Wales. It is now only available as an open document online. The EG for Scotland is nearing completion, until it is made available, colleagues in Scotland should continue to use the Enforcement Handbook on the closed HELA/LAU website.

N.B. The EG has been designed for use on the HSE's Intranet and contains live hyper-links to other guidance (including some non-disclosable material) on HSE's Intranet. This cannot be accessed by LA's (due to HSE's Government Secure Intranet (GSI) status). Any unavailable guidance may be requested (by authorised LA enforcement officer) from HSE local Enforcement Liaison Officer.

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What is the Enforcement Management Model (EMM)?

The Enforcement Management Model (EMM) was developed by HSE to provide a framework and guide for inspectors in making enforcement decisions The EMM is itself only available on the HSE website as an open document at: http://www.hse.gov.uk/enforce/emm.pdf.

A tutorial-based Training Pack has been developed for LA inspectors, incorporating additional guidance, essential to interpret and apply the EMM consistently. One copy of the EMM Training package has been distributed to LAs for training and 'calibration' during the latter half of 2003-2004, and is available for download on the HELA Training Co-ordination website. The EMM aligns with the HSC's revised Enforcement Policy Statement.

All staff involved in the enforcement of health and safety legislation are required to familiarise themselves with this guidance.

Local Authority Circular (LAC) 22/18 describes arrangements for implementation and monitoring of the EMM by LA's. The EMM has been issued as 'relevant core guidance' for the purposes of S18 HSWA, and HELA agreed it should be used by all LA's/enforcement officers from April 2004.

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Where can I get further enforcement guidance and information as an EHO?

HSE's Enforcement Liaison Officers (ELOs) are responsible for supporting Local Authorities to meet HSE's and HELA's Strategic Plans; communicating between LAs and HSE, providing practical enforcement advice and a gateway for LA's to more specialist and technical advice available within HSE. For more detailed information see: LAC 48/2.

HSE's and ELO's will continue to work alongside HSE's Partnership Managers appointed in April 2004. Their role is to work strategically with LA's, including elected members and other stakeholders to develop and maintain 'partnership working' as part of HSE's new "LA's and HSE working together" Strategic Programme.

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Where can I find Local Authority Circulars (LACS)?

The LAU website contains a comprehensive list in the Local Authority Circulars Index. These are now only available electronically and may be updated without notice, Furthermore; a very small amount of information is non-disclosable (Where can I find Local Authority Circulars?). Authorised LA enforcement officers should therefore always refer to the full versions available on the closed website.

NB: Some LACs may not be completely up to date and/or in line with current legislation, but the content is revised/updated as often as possible. Any queries relating to the accuracy of LACs should be addressed to LAU enquiries on 0207 7717 6442.

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What is the Health and Safety Newsletter for Local Authorities?

The Newsletter is an electronic publication, which is produced approximately every 2 months by the Local Authority Unit (LAU); it is only issued electronically, for the information of all Local Authorities, Environmental Health officers and other interested parties. The Newsletter is announced via EHCnet, LACORS, CIEH website and an advanced distribution mailing list. The Newsletter is also available from the LAU website as part of the Publications page.

The Newsletter aims to deliver pertinent and current information to local authorities in a concise, readable style. It contains information on and links to relevant papers etc. including HELA meetings and conferences, the Lead Authority Partnership Scheme (LAPS), examples of good enforcement practice, compliance and training, legal Issues and new guidance on enforcement and other issues.

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Where can I obtain National Accident Data (NAD) calculations?

The NAD calculations provide weighting based on accidents/ill health history. They are revised annually as part of the inspection rating system. Further information on this, and other statistical issues can be obtained by contacting HSE's Infoline.

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Where can I find information on RIDDOR?

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) requires the reporting of work-related accidents, diseases and dangerous occurrences. It applies to all work activities, but not to all incidents. Information and forms to report accidents are available on the RIDDOR website.