LAPS - Enforcement implications

What are the enforcement implications of LAPS to other LAs?

Enforcing authorities retain full responsibility for enforcement of health and safety within their area. Enforcement practice and the exercise of discretion should reflect mandatory HSC guidance and respect the purpose and objectives of LAPS.

HELA requests that courtesy copies of enforcement letters be sent to the relevant Lead Authority. This allows potential trends arising within the organisation to be highlighted and placed within a national context.

What action should an enforcing authority take before inspecting an outlet of an organisation that has a lead authority?

LAU recommends that as part of any pre-inspection planning process LA's contact Lead Authorities prior to carrying out inspections of organisations within the partnership scheme. The Lead Authority will be in a position to advise on policy, agreed Health and Safety Objectives, procedural matters and other operational issues associated with the partner organisation.

When does an enforcing authority need to contact the lead authority?

Mandatory HSC Section 18 Guidance requires enforcing authorities to liaise with lead authorities.

All health and safety enforcing authorities should contact, and if necessary, liaise with the relevant Lead Authority:

• before taking formal enforcement action, ie issuing notices or considering prosecution against a participating organisation, except
• in the case of immediate danger;
• after serving a prohibition notice - as soon as is practicable;
• when significant shortcomings are identified in a participating organisation's agreed policies or procedures which the EA believe ought to be challenged at a national level;
• following any on-site investigation of any death, major injury, case of work related ill health or dangerous occurrence reportable under RIDDOR 1995.

How should issues which involve a lead authority and require technical, specialist or other advice be dealt with?

The enforcing authority should initially contact the lead authority to see whether the matter is being dealt with at a national level. If it is, the lead authority will be able to provide an answer. If it is not, the enforcing authority should raise the matter with their own enforcement liaison officer (ELO) in the usual way.