The Health and Safety Executive (HSE) and local authorities (LAs) are the principal enforcing authorities (EAs) for the Health and Safety at Work etc Act 1974 (HSW Act).
The primary purpose of the HSW Act is to control risks from work activities. The role of EAs is to ensure that dutyholders manage and control these risks, thus preventing harm to employees and to the public.
HSE and LAs both have a duty to 'make adequate arrangements for enforcement' under Section 18 of the HSW Act. In complying with their duties under Section 18, EAs are required to follow the HSE Enforcement Policy Statement (EPS) on the purpose, method and principles of enforcement.
A 'Section 18 (S18) Standard', adding to the guidance in the EPS, has been agreed between LAs and HSE. This sets out the broader requirements for EAs when complying with their duty to make adequate arrangements for enforcement. It applies to LAs and to HSE, the enforcement functions for which are carried out by its Field Operations Directorate (FOD). EAs are legally required, from 1 April 2008, to work towards implementation of these principles and standards.
The S18 Standard meets the relevant requirements of the Regulators' Compliance Code and is consistent with the standards set down by the Senior Labour Inspectors' Committee (SLIC) in the 'Common Principles for Labour Inspection in EU Member States'.
The Standard recognises that 'partnership is the way HSE and LAs do business' and reflects the following Statement of Intent, agreed between the then HSC, HSE and LA representative bodies:
'LAs and HSE, working jointly and in partnership locally, regionally and nationally, to a common set of goals and standards, are committed to focusing resources on agreed health and safety priorities. The aim is to minimise harm to those in the workplace or those affected by workplace activities, and contribute to the health and well-being of local communities'
The S18 Standard sets out the requirements with which HSE and LAs will provide adequate arrangements for enforcement. It has legal effect as HSE guidance to LAs, under Section 18(4)(b) of the HSW Act, requires that LAs perform their duties as enforcing authorities in accordance with Section 18 guidance.
HSE and the Local Authority Liaison Committee (HELA) will provide further advice and encouragement to enforcing authorities that have not implemented the S18 Standard.
Section 18 Toolkit
Self Assessment Table
Guidance for peer review