Volume 14: Responsibilities for Human and Animal Health
9. Occupational health: The Health and Safety at Work Etc Act 1974
Enforcement of the 1974 Act

Inspectors and their powers

9.36 Enforcement was the responsibility of the relevant 'enforcement authority'; ie, the HSE, unless Regulations made by the Secretary of State had given a local authority responsibility for enforcing certain provisions or there was an agreement that another governmental department or public authority should do so.

9.37 An enforcement authority could appoint suitably qualified inspectors to carry out enforcement duties. ¹ Such inspectors had powers to enter premises, to examine and investigate as appropriate, to take measurements and photographs and make recordings, and to take samples of articles and substances. They could also seize and render harmless (by destroying or otherwise) any article or substance which they considered was a cause of imminent danger, found in any premises. ²

9.38 If an inspector considered that a person was contravening a relevant statutory provision or had done so and was likely to continue or repeat the contravention, he could serve an 'improvement notice' directing that such action be remedied within a specified time. ³ If an inspector considered that an activity involved or would involve a risk of serious personal injury, he could serve a 'prohibition notice' directing that the activity should not be carried on unless matters were remedied. ⁴ A person served with an 'improvement' or a 'prohibition' notice had a right of appeal to an industrial tribunal. ⁵ It was an offence to contravene any requirement or prohibition imposed by an improvement or a prohibition notice. ⁶

9.39 More generally, a failure by any relevant person to discharge any general duty created by the Act or any Regulation made under it was an offence. ⁷ A failure to observe an approved Code of Practice did not in itself give rise to liability, but evidence of contravening the Code of Practice could be used in criminal proceedings relating to a failure to discharge any general duty created by the Act. ⁸

9.40 HSE inspectors aimed to persuade employers to comply with the requirements of the Act through planned programmes of prevention inspection (as opposed to visits made in response to accidents, complaints or enquiries). The Inspectorates' resources were concentrated on workplaces and activities with higher than average risks. ⁹

Inspectorates

9.41 In 1986, HSE had inspectorates for factories, agriculture, mines and quarries, explosives, and nuclear installations. Of these, the Factories and Agricultural Inspectorate was relevant to the BSE story. Its function was to enforce safety in:

1. agriculture, forestry and allied industries; ¹⁰
2. the manufacturing and services industries.

At that time, there were 160 agricultural inspectors, of whom 151 were in the field force. This was organised into 30 Groups, managed by Area Directors who were responsible for enforcement in more than 300,000 premises. ¹¹ The Factory Inspectorate also managed the HSE area organisation, with 20 area offices, on behalf of the Executive. More than 400,000 workplaces were on its register. It had some 560 inspectors and was endeavouring to recruit more, but found it impossible to attract sufficient numbers to balance losses from resignations and retirements. ¹²

Enforcement in Northern Ireland

9.42 The Health and Safety at Work Order (Northern Ireland) 1978 was enforced mainly by the Northern Ireland Departments of Economic Development and of Agriculture through a health and safety inspectorate. District councils in Northern Ireland had an enforcement role similar to that of local authorities in Great Britain.