How health and safety legislation applies to MOD
The Health and Safety at Work etc Act 1974 (HSW Act) applies to the Ministry of Defence (MOD), its agencies and the armed forces within Great Britain. The Secretary of State for Defence can claim exemption on behalf of the armed forces from some requirements in the interests of national security, though in practice this is rarely exercised.
MOD, as a government department, enjoys Crown privilege. This means that while health and safety legislation applies, MOD is not subject to criminal enforcement action in the courts.
Instead of criminal enforcement action, administrative arrangements exist to mirror them – ultimately leading to a Crown Censure instead of prosecution. Details of crown enforcement taken against MOD can be found on HSE’s enforcement pages.
The HSW Act does not apply in respect of MOD's work activities and operations abroad.
Further information on application to British Forces abroad can be found in the frequently asked questions on MOD and the armed forces.
Application of the law to cadets
The cadet forces are community based, voluntary organisations that promote the personal and social development of young people in the age range 12–18 years.
Using trained volunteer adult staff, they offer a varied range of activities, drawing on the relevant services but modified so as to be developmental processes. There are 4 main cadet forces: Sea Cadet Corps, Army Cadet Force, Air Training Corps, and the Combined Cadet Force (CCF).
The Army Cadet Forces and Air Training Corps are regarded as being part of MOD's undertaking and therefore MOD has duties under the HSW Act. This does not apply to the Sea Cadets and CCF– although MOD still has duties to its employees working with these organisations.
The MOD has the overall duty of care to ensure the safety of all cadets who take part in training activities under its auspices.
Health and safety issues MOD has to manage
MOD has a range of high-hazard areas including nuclear safety, explosives, airworthiness and maritime safety. MOD also has to manage risks associated with training military personnel; equipping them to operate in high-risk/hostile environments, and coping with re-integration of troops into the UK following operational tours.
In other respects, the health and safety issues and challenges that MOD face are very similar to other large organisations including control of contractors, asbestos management, slips and trips, workplace transport, and a range of occupational health issues.
Additional information on MOD's organisation and safety arrangements can be found on the MOD website.