Health and Safety Executive

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Health and Safety Executive
Health and Safety Executive logo.svg
Agency overview
Formed1 January 1975 (1 January 1975)
Preceding agencies
  • Railway Inspectorate
  • Factory Inspectorate
  • Mines Inspectorate
  • Explosives Inspectorate
  • Nuclear Installations Inspectorate
Type Crown status non-departmental public body
Headquarters Bootle, Merseyside, England
Agency executives
Parent department Department for Work and Pensions
Key document
Website www.hse.gov.uk

The Health and Safety Executive (HSE) is a UK public body responsible for the encouragement, regulation and enforcement of workplace health, safety and welfare, and for research into occupational risks in Great Britain. It is a non-departmental public body of the United Kingdom with its headquarters in Bootle, England. [1] In Northern Ireland, these duties lie with the Health and Safety Executive for Northern Ireland. The HSE was created by the Health and Safety at Work etc. Act 1974, and has since absorbed earlier regulatory bodies such as the Factory Inspectorate and the Railway Inspectorate though the Railway Inspectorate was transferred to the Office of Rail and Road in April 2006. [2] The HSE is sponsored by the Department for Work and Pensions. As part of its work, HSE investigates industrial accidents, small and large, including major incidents such as the explosion and fire at Buncefield in 2005. Though it formerly reported to the Health and Safety Commission, on 1 April 2008, the two bodies merged. [3] [4]

Contents

Functions

The Executive's duties are to: [5]

The Executive is further obliged to keep the Secretary of State informed of its plans and ensure alignment with the policies of the Secretary of State, giving effect to any directions given to it. [6] The Secretary of State can give directions to the Executive. [7]

The Railway Inspectorate was transferred to HSE in 1990. On 1 April 2006, the Executive ceased to have responsibility for railway safety, when the Railway Inspectorate was transferred to the Office of Rail Regulation (now the Office of Rail and Road). [8]

The Executive is responsible for the Employment Medical Advisory Service, which operates as part of its Field Operations Directorate.

Structure and responsibilities

Local authorities are responsible for the enforcement of health and safety legislation in shops, offices, and other parts of the service sector.

Agencies belonging to the HSE include

Health and Safety Executive, Science Division

Based in Buxton, Derbyshire, the Health and Safety Executive Science Division (HSL- Health & Safety Laboratory) employs over 350 people including scientists, engineers, psychologists, social scientists, health professionals, and technical specialists. [9]

It was established in 1921 under the Safety in Mines Research Board to carry out large-scale tests related to mining hazards. Following the formation of the HSE, in 1975 the facilities became a Safety Engineering Laboratory and an Explosion and Flame Research Laboratory, operating as part of the Research Laboratories Service Division of the HSE. In 1995 the HSL was formed, including the Buxton site and laboratories in Sheffield. In 2004 the Sheffield activities moved to Buxton, and the University of Sheffield took over the Sheffield laboratory site. [10]

It now operates as an agency carrying out scientific research and investigations (e.g. on the Buncefield fire) for the HSE, other government agencies and the private sector. [9]

HM Inspectorate of Mines

HM Inspectorate of Mines is responsible for the correct implementation and inspection of safe working procedures within all UK mine workings. It is based in Sheffield, South Yorkshire. [11]

Offshore Safety Division

The Offshore Safety Division (OSD) was established as a division within HSE in April 1991. This was in response to recommendations of the Cullen Inquiry into the Piper Alpha disaster on 6 July 1988. At the time of the disaster, the Department of Energy (DEn) was responsible for both production and offshore safety; this was perceived as entailing a conflict of interests. Dr Tony Barrell, Director of HSE's Technology and Air Pollution Division was appointed Chief Executive of OSD, having previously been seconded to the DEn to lead the transfer of responsibilities. At the same time, Ministerial oversight was transferred from the DEn to the Department of Employment. The Offshore Safety Act 1992 made the Mineral Workings (Offshore Installations) Act 1971 and its subsidiary Regulations relevant statutory provisions of the Health and Safety at work etc., Act 1974. The OSD's initial responsibilities included the establishment of the Safety Case Regulations; a thorough review of existing safety legislation and the move towards a goal setting regulatory regime. OSD became part of the HSE's new Hazardous Installations Directorate in 1999; it became part of the new Energy Division in 2013.

OSHCR (Occupational Safety & Health Consultants Register)

The HSE currently administers the Occupational Safety & Health Consultants Register (OSHCR), a central register of registered safety consultants within the United Kingdom. The intention of the HSE is to pass responsibility of operating the register to the relevant trade & professional bodies once the register is up and running. [12]

Personnel

Directors general of the Health and Safety Executive

List of directors general: [13]

The HSE and the Health and Safety Commission merged on 1 April 2008.

Deputy directors general of the Health and Safety Executive

The HSE and the Health and Safety Commission merged on 1 April 2008.

Chair and chief executive of the Health and Safety Executive

Chairs:

Chief Executives:

Heads of OSD

Criticism

Some of the criticism of HSE has been that its procedures are inadequate to protect safety. For example, the public enquiry by Lord Gill into the Stockline Plastics factory explosion criticised the HSE for "inadequate appreciation of the risks associated with buried LPG pipework…and a failure properly to carry out check visits". [17] However, most criticism of the HSE is that their regulations are over-broad, suffocating, and part of a nanny state. The Daily Telegraph has claimed that the HSE is part of a "compensation culture," that it is undemocratic and unaccountable, [18] and that its rules are costing jobs. [19]

However, the HSE denies this, [20] saying that much of the criticism is misplaced because it relates to matters outside the HSE's remit. The HSE also responded to criticism by publishing a "Myth of the Month" section on its website between 2007 and 2010, which it described as "exposing the various myths about 'health and safety'". [21] [22] This has become a political issue in the UK. The Lord Young report, published in October 2010, recommended various reforms aiming "to free businesses from unnecessary bureaucratic burdens and the fear of having to pay out unjustified damages claims and legal fees." [23]

Areas of regulation

The HSE focuses regulation of health and safety in the following sectors of industry:

Related Research Articles

Established in 1840, His Majesty's Railway Inspectorate (HMRI) is the organisation responsible for overseeing safety on Britain's railways and tramways. It was previously a separate non-departmental public body, but from 1990 to April 2006 it was part of the Health and Safety Executive. It was then transferred to the Office of Rail and Road and ceased to exist by that name in May 2009 when it was renamed the Safety Directorate. However, in summer 2015 its name was re-established as the safety arm of ORR.

As low as reasonably practicable (ALARP), or as low as reasonably achievable (ALARA), is a principle in the regulation and management of safety-critical and safety-involved systems. The principle is that the residual risk shall be reduced as far as reasonably practicable. In UK and NZ Health and safety law, it is equivalent to so far as is reasonably practicable (SFAIRP). In the US, ALARA is used in the regulation of radiation risks.

<span class="mw-page-title-main">Health and Safety at Work etc. Act 1974</span> United Kingdom legislation

The Health and Safety at Work etc. Act 1974 is an act of the Parliament of the United Kingdom that as of 2011 defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom.

The Ionising Radiations Regulations (IRR) are statutory instruments which form the main legal requirements for the use and control of ionising radiation in the United Kingdom. There have been several versions of the regulations, the current legislation was introduced in 2017 (IRR17), repealing the 1999 regulations and implementing the 2013/59/Euratom European Union directive.

<span class="mw-page-title-main">Banksman</span>

In Irish and British civil engineering, a banksman is the person who directs the operation of a crane or larger vehicle from the point near where loads are attached and detached. The term 'dogman' may be used in Australia and New Zealand, while 'spotter' is the more common term in United States.

<span class="mw-page-title-main">Control of Substances Hazardous to Health Regulations 2002</span> United Kingdom legislation

The Control of Substances Hazardous to Health Regulations 2002 is a United Kingdom Statutory Instrument which states general requirements imposed on employers to protect employees and other persons from the hazards of substances used at work by risk assessment, control of exposure, health surveillance and incident planning. There are also duties on employees to take care of their own exposure to hazardous substances and prohibitions on the import of certain substances into the European Economic Area. The regulations reenacted, with amendments, the Control of Substances Hazardous to Work Regulations 1999 and implement several European Union directives.

<span class="mw-page-title-main">Rail Accident Investigation Branch</span> British government agency

The Rail Accident Investigation Branch (RAIB) is a British government agency that independently investigates rail accidents in the United Kingdom and the Channel Tunnel in order to find a cause, not to lay blame. Created in 2005, it is required by law to investigate accidents causing death, serious injuries or extensive damage. It also has authority to investigate incidents that could have resulted in accidents.

<span class="mw-page-title-main">Health and Safety Commission</span>

The Health and Safety Commission (HSC) was a United Kingdom non-departmental public body. The HSC was created by the Health and Safety at Work etc. Act 1974 (HSWA). It was formally established on 31 July 1974. The Commission consisted of a chairman and between six and nine other people, appointed by the Secretary of State for Employment, latterly the Secretary of State for Work and Pensions, after consultation. The first meeting of the HSC took place on 1 October 1974. Its responsibilities covered England and Wales and Scotland. In Northern Ireland, its functions were carried out by the Health and Safety Executive for Northern Ireland. It merged with the Health and Safety Executive on 1 April 2008.

<span class="mw-page-title-main">Reporting of Injuries, Diseases and Dangerous Occurrences Regulations</span> United Kingdom legislation

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, often known by the acronym RIDDOR, is a 2013 statutory instrument of the Parliament of the United Kingdom. It regulates the statutory obligation to report deaths, injuries, diseases and "dangerous occurrences", including near misses, that take place at work or in connection with work.

In the United Kingdom there are many regulations relevant to health and safety at work. Many of these give effect to European Union directives.

<span class="mw-page-title-main">Workplace (Health, Safety and Welfare) Regulations 1992</span> United Kingdom legislation

The Workplace Regulations 1992, a United Kingdom statutory instrument, stipulate general requirements on accommodation standards for nearly all workplaces. The regulations implemented European Union directive 89/654/EEC on minimum safety and health requirements for the workplace and repealed and superseded much of the Factories Act 1961 and Offices, Shops and Railway Premises Act 1963.

<span class="mw-page-title-main">Oil and gas industry in the United Kingdom</span>

The oil and gas industry plays a central role in the economy of the United Kingdom. Oil and gas account for more than three-quarters of the UK's total primary energy needs. Oil provides 97 per cent of the fuel for transport, and gas is a key fuel for heating and electricity generation. Transport, heating and electricity each account for about one-third of the UK's primary energy needs. Oil and gas are also major feedstocks for the petrochemicals industries producing pharmaceuticals, plastics, cosmetics and domestic appliances.

<span class="mw-page-title-main">Control of Noise at Work Regulations 2005</span> United Kingdom legislation

The Control of Noise at Work Regulations 2005 place a duty on employers within Great Britain to reduce the risk to their employees health by controlling the noise they are exposed to whilst at work. The regulations were established under the Health and Safety at Work etc. Act 1974 and implement European Council directive 2003/10/EC. The regulations replaced the 'Noise at work regulations 1989' which previously covered noise in the workplace. The regulations came into force for most industries on 6 April 2006 with the music and entertainment sectors coming into line two years later on 21 April 2008. In Northern Ireland the legislation is dealt with in 'The Control of Noise at Work Regulations 2006.

<span class="mw-page-title-main">Personal Protective Equipment at Work Regulations 1992</span> United Kingdom legislation

The Personal Protective Equipment at Work Regulations 1992 are a set of regulations created under the Health and Safety at Work etc. Act 1974 which came into force in Great Britain on 1 January 1993. The regulations place a duty on every employer to ensure that suitable personal protective equipment is provided to employees who may be exposed to a risk to their health or safety while at work.

The Office for Nuclear Regulation (ONR) is the regulator for the nuclear industry in the United Kingdom. It is an independent statutory corporation whose costs are met by charging fees to the nuclear industry. The ONR reports to the Department for Work and Pensions, although it also worked closely with the now-defunct Department of Energy and Climate Change.

<span class="mw-page-title-main">Health and Safety Laboratory</span>

The Health and Safety Laboratory is a large 550-acre research site in rural High Peak, Derbyshire, south of Buxton.

<span class="mw-page-title-main">Occupational safety and health</span> Field concerned with the safety, health and welfare of people at work

Occupational safety and health (OSH) or occupational health and safety (OHS), also known simply as occupational health or occupational safety, is a multidisciplinary field concerned with the safety, health, and welfare of people at work. These terms also refer to the goals of this field, so their use in the sense of this article was originally an abbreviation of occupational safety and health program/department etc. OSH is related to the fields of occupational medicine and occupational hygiene.

<span class="mw-page-title-main">Factory inspector</span>

A factory inspector is someone who checks that factories comply with regulations affecting them.

<span class="mw-page-title-main">Mineral Workings (Offshore Installations) Act 1971</span> United Kingdom legislation

The Mineral Workings Act 1971 is an act of the Parliament of the United Kingdom which provided for the safety, health and welfare of people on installations undertaking the exploitation of, and exploration for, mineral resources in UK offshore waters.

<span class="mw-page-title-main">Offshore Safety Act 1992</span> United Kingdom legislation

The Offshore Safety Act 1992 is an Act of the Parliament of the United Kingdom which extends the application of the Health and Safety at Work etc. Act 1974 to secure the safety, health and welfare of people on offshore installations. It increases the penalties of certain offences under the 1974 Act and empowers the Secretary of State to secure supplies of petroleum and petroleum products.

References

  1. "HSE offices". Health & Safety Executive. Retrieved 7 April 2012.
  2. Health and Safety Executive. "The history of HSE". hse.gov.uk. Archived from the original on 30 January 2019. Retrieved 11 August 2019.
  3. Department for Work and Pensions (1 April 2008). "Health and Safety Commission and Health and Safety Executive merge to form a single regulatory body" (PDF). Archived from the original (PDF) on 13 July 2009. Retrieved 6 April 2008.
  4. Legislative Reform (Health and Safety Executive) Order 2008, SI 2008/960
  5. Health and Safety at Work etc. Act 1974, s.11(2)
  6. Health and Safety at Work etc. Act 1974, s.11(3)
  7. Health and Safety at Work etc. Act 1974, s.12
  8. Railways Act 2005, ss.2, 60/ Sch.3 para.3(1)(b)(2); Railways Act 2005 (Commencement No.5) Order 2006, SI 2006/266, art.2(2), Sch.
  9. 1 2 "HSL Annual Report and Accounts 2010/2011" (PDF). nationalarchives.gov.uk. Archived from the original (PDF) on 10 May 2012. Retrieved 19 March 2018.
  10. www.hsl.gov.uk Archived 13 January 2012 at the Wayback Machine A Century of Science
  11. "Health and safety in mining". www.hse.gov.uk. Retrieved 19 March 2018.
  12. "About OSHCR on the HSE website". Hse.gov.uk. Archived from the original on 14 August 2014. Retrieved 13 August 2014.
  13. "Who's Who". www.ukwhoswho.com. Archived from the original on 17 November 2017. Retrieved 4 March 2016.
  14. "Sarah Newton appointed as new Chair of HSE". gov.uk.
  15. 1 2 Knutt, Elaine (20 August 2018). "HSE's Richard Judge steps down as annual report shows drop in prosecutions". healthandsafetyatwork.com. Archived from the original on 11 August 2019. Retrieved 11 August 2019.
  16. 1 2 Green, Jason (27 June 2019). "New Chief Executive for HSE". HSE Media Centre. Archived from the original on 29 July 2019. Retrieved 29 July 2019.
  17. "HSE response to Stockline 'too little, too late'". Daily Herald. 30 August 2009. Retrieved 19 December 2010.
  18. "David Cameron declares war on the "nonsense" of the "over-the-top health and safety culture" The Tory Diary". Conservativehome.blogs.com. 1 December 2009. Retrieved 13 August 2014.
  19. Political, Deputy (27 August 2010). "Health and safety laws are costing jobs". The Daily Telegraph. London. Archived from the original on 6 September 2010.
  20. Dudman, Jane (30 June 2010). "Dispelling the myths around health and safety". The Guardian. London.
  21. "Busting the health and safety myths". Hse.gov.uk. 30 June 2014. Archived from the original on 12 November 2020. Retrieved 13 August 2014.
  22. "HSE and local authorities hit back at 'health and Safety' myths". HSE. 3 July 2007. Archived from the original on 5 June 2011. Retrieved 19 December 2010.
  23. "Common Sense Common Safety: A report by Lord Young of Graffham to the Prime Minister" (PDF). HM Government. p. 9. Archived from the original (PDF) on 20 September 2012.