1 The development of the current liaison arrangements between HSE and LAs in the light of the decision by the Health and Safety Commission to modernise petrol legislation. Workplace storage and dispensing of petrol will be taken out of the current licensing regime when the new Dangerous Substances and Explosive Atmospheres Regulations come into force next year. Licensing of retail petrol filling stations and petrol in domestic premises will be repealed sometime later, possibly during 2003.
2 PELG recommends to HELA that:
3 At its last meeting, PELG considered a paper on the way forward for modernising petroleum legislation. The discussion broadened into wider questions about liaison. As arrangements for the future of petroleum enforcement are now a little clearer, it would be timely to consider the implications for the liaison framework. While the licensing of workplace premises where petrol is stored or dispensed will be removed, the licensing of retail petrol filling stations will remain for the time being. Most workplace sites will be enforced by HSE, as many are factory premises, agricultural undertakings, motor vehicle repair workshops etc. However, some petroleum enforcement issues could, in future, be addressed by either local authorities' health and safety inspectors or by their petroleum licensing officers. In some authorities, these may be the same person or operate from the same department but it would be sensible, nonetheless, to bring the two liaison frameworks under which they currently operate closer together. This paper sets out some broad areas for discussion.
4 District, unitary and metropolitan authorities currently make an annual return to HSE on the extent of their health and safety enforcement activity in any one year. The information sought includes:
5 These data are used to compile an annual report of local authorities' enforcement activity and a national picture of health and safety, and to identify trends and priorities. It provides an open and transparent record of local authorities' actions which is available for public scrutiny. The information also acts as a source of information to the Health and Safety Commission to enable it to be assured that local authorities are making adequate arrangements for enforcement.
6 The rationale for collecting this information applies equally to petroleum enforcement. LAU has had some difficulty answering requests for information (including Parliamentary Questions) on the extent of petroleum enforcement. Ministers and the Commission have also asked for information on the activity of local authorities. Some, but not all, components of the current return for health and safety enforcement would be applicable to petroleum enforcement.
7 It is recommended that, at sites where petroleum licensing has been abolished, petroleum issues are not identified separately but are picked up under health and safety enforcement and included in local authorities' existing returns. In respect of residual petroleum licensing activities, it is recommended that, in future, these be submitted in a new return to be developed by PELG.
8 HELA produces an annual report with detailed statistics of work-related injury and ill-health figures for local authority enforced premises and of local authority enforcement. From this year, HELA has developed a public, national database of prosecutions in the local authority enforced sector and, in future years, plans to publish a similar list of notices issued. There are no formal arrangements for the collection and publication of data on petroleum enforcement although some local authorities voluntarily include information as part of their existing returns.
9 It is recommended that HELA devotes a specific section of its report to petroleum enforcement matters at licenced premises. To support this, petroleum licensing authorities will be asked to submit timely details of any prosecutions and, if appropriate, notices served to be included on a published database.
10 The Commission has signalled its intent to seek additional powers to make any returns from local authorities recommended by HELA mandatory.
11 District, metropolitan and unitary authorities are under a legal duty to make adequate arrangements for the enforcement of health and safety legislation in accordance with any guidance issued to them by the Health and Safety Commission. In the view of the Commission, the following are essential if a local authority is adequately to discharge its duty as an enforcing authority:
12 The Commission's guidance is designed currently only to apply to those local authorities caught by the Health and Safety (Enforcing Authorities) Regulations 1998. Much of the existing guidance will not be applicable to petroleum licensing and much of it has been designed to ensure a consistency with HSE which will not be an issue. The spirit and some of the letter of such guidance, however, could have some application but it may not warrant the status of mandatory guidance issued by the Health and Safety Commission.
13 It is recommended that PELG makes recommendations for clarifying the application of guidance by reviewing its relevance and applicability to petroleum licensing. Where there is a need, it is recommended that appropriate guidance be developed and issued to petroleum licensing authorities as either Commission or HELA guidance depending on the outcome of the review.
14 The recommendations should be put to HELA for agreement at its next meeting. To service the work arising, LAU is proposing that a local authority petroleum enforcement officer with appropriate experience and expertise be seconded to HSE. LAU has had preliminary discussions with LACOTS on how this might be achieved. PELG is invited to consider this suggestion and comment on its value.