Delegated authorities – FOD
OM 2011/02
1. Purpose and introduction
1.1 This operational minute (OM) sets out the process and procedure for the delegation of authorities for staff within FOD to exercise the functions of the Executive and has been authorised by the Director of Field Operations (DFO).
2. Background
2.1An issue arose in 2009 relating to the authority of a Directorate's staff to carry out their functions following a departmental restructuring. There was a concern that, legally, authorisation for certain actions had not been properly delegated to them. As a result, HSE's CEO issued a new general authorisation on 4th December 2009 which, save in relation to certain specified powers that are defined in this revised procedure, authorises all members of HSE staff (SCS and below) to perform all of its functions. This was to ensure that legal authority will always exist across HSE.
3. Procedures for Delegated Authorities within FOD
3.1 This revised procedure - 'Authorisation for members of staff to perform functions on behalf of the Executive' covers all staff within FOD and replaces the previous arrangements that were set out within General Administrative Procedure (GAP 7) –' Procedures for authorising members, officers or servants of the Executive, to perform the functions of the Executive'.
3.2 Under the revised procedure there is no longer a requirement for any FOD staff to hold copies of signed authorisations locally, or to send copies of documentation to HSE's legal advisors' office (LAO) or Secretariat.
3.3 Apart from the general specified powers that are defined as exceptions within the revised procedure, there are several Acts and Regulations enforced across FOD that should only be performed by persons with the appropriate competence/expertise and seniority to discharge these functions. This legislation is set out in Annex 1 for the delegation of approvals and in Annex 2 for the delegation of powers to issue exemptions.
4. Monitoring and review arrangements
4.1 FOD's Accountability Section will review these arrangements on an annual basis, in consultation with the B1 Procedures working group, to ensure there are adequate management controls in place.
Annex 1 (Table 1) - Legislation (approvals) that allows the ability to delegate authority within HSE or to other bodies
| Legislation | Regulation | Delegated Authority |
|---|---|---|
| Adventure Activities Licensing Regs 2004 | Reg 17 licences | AALS |
| Agriculture (Tractor Cabs) Regs 1974 | Reg 3 approvals | The Executive |
| Control of Asbestos Regs 2006 | Reg 8 licences | ALU Band 2 |
| Control of Pesticides Regs 1986 | Reg 7 | Band 2 |
| Docks Regs 1988 | Reg 17 Approvals | The Executive |
| Employers Liability (Compulsory Insurance) Act 1969 and Regs 1998 | S.4(2)b and Reg 8 authorisation | Operations managers |
| Food and Environmental Protection Act 1985 | S.19 Sch 2 powers | Inspectors' warrants |
| Health and Safety at Work Etc Act 1974 | S.10 & Sch 2(9) & (12) | CEO to authorise SCS |
| Health and Safety at Work Etc Act 1974 | S.19 authorisations | CEO to authorise inspectors |
| Health and Safety at Work Etc Act 1974 | S.19 authorisations | CEO to authorise Ionising Inspectors |
| Health and Safety at Work Etc Act 1974 | S.18 authorisations | Local Authorities |
| Health and Safety (Enforcing Authority) Regs 1998 | Reg 5 and Reg 6 | Enforcing authorities |
| Health and Safety Inquiries (Procedure) Regs 1975 | Reg 2 and 6(1) | Officer of Executive so appointed |
| Ionising Radiation Regs 1999 | Reg. 5(2), 6(3) and 6(4) notifications, waivers, & certification | Band 2 & 3 Specialist Inspectors and Band 2 Inspectors |
| Legislative Reform (Health and Safety Executive) Order | S.13, Sch. 2 | CEO |
| Plant Protection Products Regs 1995 | Reg 8 | The Executive |
| Pottery (Health and Welfare) Special Regs 1950 | R 2 appointment of Doctors | Chief or Deputy Employment Medical Adviser |
| The Freight Containers (Safety Convention) Regulations, 1984 | Reg 5 | The Executive |
| The Supply of Machinery (Safety) Regs. 1992; | Reg 28 | Down to and including Band 3 Inspectors |
| The Equipment and Protective Systems Intended for use in Potentially Explosive Atmospheres Regulations (EPS) 1996; | Reg 15 | Down to and including Band 3 Inspectors |
| The Gas Appliances (Safety) Regulations 1995. | Reg 21 | Down to and including Band 3 Inspectors |
| The Work in Compressed Air Regulations 1996 | Reg 11 - approval of compression and decompression procedures | SCS (Chief Inspector of Construction) |
Annex 2 (Table 2) - Legislation (exemptions) that allows authority to be delegated from The Executive to members of the SCS and below
| Legislation | Regulation | Delegated Authority |
|---|---|---|
| Agriculture (Tractor Cabs) Regs 1974 | Reg 8 | The Executive |
| Confined Spaces Regs 1997 | Reg 6 | The Executive |
| Construction (Head Protection) Regs 1989 | Reg 9 | Director of FOD, Regional Director of FOD & Head of Local Authority Unit |
| Control of Asbestos Regs 2006 | Reg 32 | The Executive |
| Control of Lead at Work Regs 2002 | Reg13 | The Executive |
| Control of Noise at Work Regs 2005 | Regs 11,12 & 13 | The Executive |
| Control of Substances Hazardous to Health Regs 2002 | Reg 15 Certificate of exemption | SCS and FOD Band 1 |
| Control of Vibration at Work Regs 2005 | Reg 9 & 10 | The Executive |
| Dangerous Substances (Notification and Marking of Sites) Regs 2002 | Reg 9 | The Executive |
| Dangerous Substances and Explosive Atmospheres Regs 2002 | Reg 13 | The Executive |
| Dangerous Substances in Harbour Areas Regs 1987 | Reg 46 | The Executive |
| Docks Regs 1988 | Reg 21 | The Executive |
| Electricity at Work Regs 1989 | Reg 30 | The Executive |
| Health and Safety (Information for Employees (1989 amended 2009 | Reg 6 | The Executive |
| Loading and Unloading of Fishing Vessels Regs 1988 | Reg 7 | The Executive |
| Non Ferrous Metals (Melting and Founding) Regs 1962 | Reg 4 | Chief Inspector of Factories |
| Notification of Installations Handling Hazardous Substances Regs 1982 | Reg 6 | The Executive |
| Pottery (Health and Welfare) Special Regs | Reg 5 | Chief Inspector of Factories |
| Pressure Systems Safety Regs 2000 | Reg 17 | The Executive |
| Reporting of Injuries, Diseases and Dangerous Occurrences Regs 1995 | Reg 13 | The Executive |
| Shipbuilding and Ship-repairing Regs 1960 | Reg 2(3) | Chief Inspector of Factories |
| Work at Height Regs 2005 | Reg15 | The Executive |
| Work in Compressed Air Regs 1996 | Reg 20 & Reg 21 | The Executive |
| Source: Legislation identified via HSE's LAO and checked by FOD's B1 Procedures working group. |