HSE and CAA issue memorandum of understanding for public transport and cargo operations

HSE Press Release: E037:05 22 March 2005

The Health and Safety Executive (HSE) and the Civil Aviation Authority (CAA) have agreed guidelines setting out their respective responsibilities for enforcing occupational health and safety in relation to public transport aircraft while on the ground and in the air. The guidelines are detailed in an Annex to an existing Memorandum of Understanding (MoU).

The MOU was drawn up by the two organisations with the aim of avoiding duplication of effort in areas of overlapping mutual interest and to provide clarity between the separate disciplines of regulating aircraft safety and the regulation of occupational health and safety.

The Annex sets out the interfaces between the HSE, the CAA Safety Regulation Group, the CAA Occupational Health and Safety Section and the CAA Aviation Health Unit. It specifically reflects the new responsibilities assigned to the CAA for regulating occupational health and safety on board aircraft as set out in the Civil Aviation (Working Time) Regulations 2004.

Jonathan Rees, Deputy Director General (Policy) at the HSE, said: "I welcome this Annex as the latest stage in a long process of co-operation between HSE and CAA in working with the aviation industry. It sets out the shared intention of both organisations to present a clear understanding of responsibilities within the industry, and to avoid duplication of inspection and enforcement effort. HSE sees this latest development as an opportunity to continue our co-operation and partnership working in order to improve health and safety throughout the aviation industry."

Michael Bell, CAA's Group Director Safety Regulation, agrees and stated: "The Memorandum between the CAA and HSE - which has been in place for some seven years - has helped to clarify the division of regulatory responsibility within this safety-conscious industry. The latest Annex covers not only the complex activities associated with public transport flight operations, but also recognises another new CAA responsibility whereby its Aviation Health Unit provides a focal point for specialist aviation health advice. I believe that this MOU and its seven Annexes are a valuable adjunct to the work of both HSE and CAA."

The MoU and its existing Annexes have recently been reviewed and updated. The complete set of documents can be accessed on the CAA website at: http://www.caa.co.uk/ or from the HSE website at: http://www.hse.gov.uk/

Notes to editors

1. The Memorandum of Understanding establishes a framework for liaison between CAA/SRG and HSE with the aim of ensuring the effective co-ordination of policy issues, enforcement activity, and investigation within their respective responsibilities for safety in aviation and its environs.
2. Annexes to the MOU that have already been published set out detailed arrangements for regulation with regard to:
   • Legislation and respective duties;
   • Activities on aerodromes;
   • The transit of dangerous goods through aerodromes and on aircraft;
   • Offshore operations;
   • Aircraft maintenance activities;
   • Recreational flying and parachuting; and
   • Air traffic services.
3. The CAA is the UK's specialist aviation regulator. Its regulatory activities range from making sure that the aviation industry meets the highest technical and operational safety standards to preventing holidaymakers from being stranded abroad or losing money because of tour operator insolvency.
4. The HSE is responsible for regulating occupational health and safety in Great Britain, including ground operations at airports.
5. The CAA Aviation Health Unit provides specialist advice to Government and other interested parties on health issues that may affect crew members and passengers. It was established following the publication of the House of Lords Select Committee on Science and Technology report "Air Travel and Health" in 2000. Policy control of the unit is a function of its sponsor, the DfT.
6. The Civil Aviation (Working Time) Regulations 2004 implement an EC Directive on working time for mobile workers in the aviation industry. The Directive is based on a Social Partners Agreement, which includes a requirement for the provision of occupational health and safety protection and health surveillance for crew members. The CAA Occupational Health and Safety Section regulates this provision. The Aviation Occupational Health and Safety Steering Group, which comprises representatives of employers and employees in the industry as well as the regulating bodies, has been set up to establish best practice guidance for the industry which will seek to complement extant HSE guidance.

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