Volume 14: Responsibilities for Human and Animal Health
9. Occupational health: The Health and Safety at Work Etc Act 1974
The Health and Safety Commission (HSC) and the Health and Safety Executive (HSE)
Introduction
The Health and Safety Commission
The Health and Safety Executive (HSE)
National Interest Groups

Introduction

9.16 Oversight and enforcement of the requirements of the Act was the responsibility of the HSC and the HSE. ¹ The HSC was responsible for making such arrangements as it considered appropriate for the general purposes of the Act. ² The HSE was responsible for making adequate arrangements for enforcing the provisions of the Act, unless some other authority had been made responsible for such enforcement. ³ This included giving effect to directions given by the Secretary of State to the HSC. But the HSC could not give HSE any directions as to how to enforce any of the relevant statutory provisions in a particular case. ⁴

The Health and Safety Commission

General description

9.17 The HSC consisted of a Chairman appointed by the Secretary of State, ⁵ and up to nine other members appointed by the Secretary of State after consultation with organisations representing employers, employees, local authorities, and other organisations, including professional bodies, with an interest in health and safety issues. ⁶ The Secretary of State was also responsible for approving, with or without modifications, any proposals for Regulations submitted to him by the HSC, and for giving directions to the Commission as he thought fit in respect of its functions. ⁷

9.18 It was the duty of the HSC to:

1. assist and encourage persons concerned with matters relevant to any of the general purposes of Part I of the Act;
2. make such arrangements as it considered appropriate for the carrying out of research, the publication of the results of research, and the provision of training and information in that connection by others;
3. make such arrangements as it considered appropriate for securing that government departments, employers, employees, organisations representing employers and employees respectively, and other persons concerned with matters relevant to any of those purposes, were provided with an information and advisory service and were kept informed of, and adequately advised on, such matters; and
4. submit from time to time to Ministers such proposals as it considered appropriate for the making of Regulations. ⁸

9.19 The HSC could also:

1. make agreements with other government departments or people for those departments or people to perform on its or the HSE's behalf any of its or the HSE's functions;
2. make agreements with any Minister, government department or public authority to perform on their behalf any of their functions that the Secretary of State considered it could perform appropriately in connection with its functions; ⁹
3. appoint persons or committees of persons to provide it with advice in connection with any of its functions; and
4. carry out or commission research into anything connected with its functions. ¹⁰

9.20 The Commission could also approve, and itself issue, Codes of Practice for the purpose of providing practical guidance in respect of duties under the Act, or health and safety Regulations, or existing statutory provisions. However, before doing so, it had to consult the appropriate government department or other body, and obtain the Secretary of State's consent. ¹¹

HSC Advisory committees

9.21 As noted above, the HSC had the power to appoint advisory committees. It made substantial use of such committees, the main function of which was to recommend standards and guidance, and sometimes to comment on policy issues confronting the HSC or to recommend an approach to a new problem. ¹² The advisory committees could also encourage the joint participation of all representative organisations in the improvement of health and safety at work, and give the problems of particular industries closer and more detailed attention than the Commission was itself able to do. ¹³ Their membership reflected the representational nature of HSC; each included employer and employee representatives and, where appropriate, technological and professional experts. ¹⁴

9.22 The Committees were of two kinds: those dealing with specific industries, and those dealing with specific subjects. In 1994/95, there were:

1. seven Subject advisory committees, concerned with particular types of hazards: dangerous pathogens, dangerous substances, genetic modification, ionising radiations, occupational health, safety of nuclear installations, and toxic substances. ¹⁵ The most relevant to the BSE story was the Advisory Committee on Dangerous Pathogens (ACDP); and
2. thirteen Industry advisory committees which looked across the board at safety in their sectors. ¹⁶ Those of most relevance to the BSE story were the Health Services Advisory Committee (HSAC) and the Agricultural Industry Advisory Committee (AIAC).

9.23 The Advisory Committee on Dangerous Pathogens (ACDP) was set up by the HSC and DH in 1981 to provide advice on exposure to dangerous pathogens. ¹⁷ It had an independent chairman and a dual HSE/DH secretariat, and advised and reported to the HSE, the HSC, and Health and Agriculture Ministers. It advised

. . . on general standards of safe working in laboratories handling dangerous pathogens; new hazards involving pathogens; control measures; categorisation of pathogens according to hazard; and research on pathogens. ¹⁸

Its terms of reference were widened in October 1991:

To advise the Health and Safety Commission, the Health and Safety Executive and Health and Agriculture Ministers, as required, on all aspects of hazards and risks to workers and others from exposure to pathogens.

and its membership was reconstituted so that it consisted of:

. . . 8 'expert members' (whose names are selected from suggestions solicited from a range of professional associations), 4 representatives of employers and 4 of employees . . . (In the past there were 10 plus 6 plus 6 members respectively.) This arrangement upholds the standard tripartite structure of all HSC advisory committees. ¹⁹

9.24 In 1984, the ACDP produced a document categorising pathogens into four Hazard Groups and setting out appropriate levels of containment for laboratory work with them. The Groups are defined in chapter 8 of vol. 6: Human Health, 1989-96.

9.25 The terms of reference of the Health Services Advisory Committee (HSAC) were to advise HSC on:

1. the protection of people at work from hazards to health and safety arising from their occupation within the health services, including dental services, general practice and the professions supplementary to medicine, but excluding occupational health services in other areas of employment;
2. the protection of the public, with the exception of patients undergoing treatment, from related hazards arising from such activities;
3. other associated matters referred to the Committee by the Commission or the Health and Safety Executive.

9.26 The Committee originally consisted of 26 members (later 23) appointed by the Commission following consultation with English health authorities, the CBI, Welsh and Scottish health authorities, and the TUC. ²⁰

9.27 The terms of reference of the Agricultural Industry Advisory Committee (AIAC) were:

1. to advise the Commission on the protection of people at work from hazards to health and safety arising from their occupation within agriculture and related industries and the protection of the public from related hazards arising from such activities; and other associated matters referred to the Committee by the Commission or the Health and Safety Executive;
2. on behalf of the Commission, to encourage the joint participation of representative organisations in the protection of people from hazards to health and safety arising from agriculture and related industries;
3. to provide advice and guidance to agriculture and related industries in whichever form best fitted the purpose;
4. to act as a stimulus for identifying and meeting research needs in agriculture and related industries;
5. to report and submit plans of work to the Commission every three years or as required by the Commission.

9.28 The Committee consisted of 12 members appointed by HSC following consultation with the CBI and the TUC, and observers from the CBI, the TUC, agriculture departments (the Scottish Office Agriculture and Fisheries Department and MAFF), and the agriculture education world. ²¹

The Health and Safety Executive (HSE)

Introduction

9.29 The HSE was a statutory body comprising a Director and two other members, appointed by the HSC with the approval of the Secretary of State, ²² and supported by more than 4,000 staff. The role of the HSE was to enforce the Health and Safety at Work Etc Act 1974 and related legislation including Regulations, and to undertake tasks delegated to it by the HSC. Its main functions were:

1. advising and assisting HSC on health and safety policy, defining standards of health and safety, and proposing any necessary changes to the law;
2. inspecting workplaces to secure compliance;
3. investigating accidents, cases of ill-health and complaint;
4. taking formal enforcement action (which could involve issuing statutory improvement or prohibition notices or prosecuting duty holders where necessary);
5. providing advice and information to employers, workers and the public;
6. licensing and approving standards and arrangements in areas of significant hazard; and
7. commissioning and carrying out research for HSC. ²³

HSE's Medical Division

9.30 The Medical Division consisted of a field force, the Employment Medical Advisory Service (EMAS), and specialist scientific and medical staff. It provided expert advice on all aspects of occupational health. Its staff worked with HSE inspectors on field investigations, and participated in policy initiatives such as the production of guidance by other HSE divisions. The field service provided expert advice at workplaces, and was involved in (amongst other things) ensuring health supervision of workers in jobs where they might be exposed to hazards, and in planning and mounting studies to evaluate particular risks. ²⁴ It had three main functions:

1. to monitor health hazards and medical problems in all areas of industry;
2. to advise all interested persons and organisations on precautions and environmental controls required to minimise health risk in employment; and
3. to examine factory workers and young persons at work as necessary.

It also included an Epidemiological and Medical Statistics Unit, the centre for expertise on all aspects of epidemiology for the HSE. ²⁵ The Medical Advisers of Medical Division had powers similar to those of factory inspectors, which are described later in this chapter.

Technical, Scientific and Medical Group (TSMG)

9.31 The Technical, Scientific and Medical Group (TSMG) was set up in 1986, combining the three divisions that formed the HSE's Technology arm. Its role was to 'promote and supply excellence in the technical advice given to the other parts of HSE and government on matters of industrial safety and health', and it advised on the 'nature and the extent of the risks involved, their effects on individuals, and on appropriate technical standards in light of what is technically achievable'. The TSMG was involved with the inspection of premises where there were special hazards such as explosives and dangerous pathogens. ²⁶

Northern Ireland

9.32 In Northern Ireland, there was a Health and Safety Agency - roughly corresponding to the HSC but without its policy-making powers - and an Employment Medical Advisory Service. ²⁷

National Interest Groups

9.33 National Interest Groups (NIGs) were tripartite bodies providing a link between HSE and employer and employee representatives in particular industry sectors for the purpose of agreeing practical health and safety standards. ²⁸ Their functions were to

. . . gather and disseminate information, identify issues, encourage development of solutions to problems, formulate guidance and training material and promote uniformity of enforcement standards'. ²⁹

Originally, their structure reflected the major employment sectors and HSE's responsibilities. In 1987, following a review, it was decided to merge the industry responsibilities of individual NIGs and allocate new responsibilities. ³⁰

9.34 The NIGs relevant to the BSE story were the Food NIG and the Livestock and Stationary Machinery NIG. The Food NIG worked with the Factory Inspectorate, and had an operational policy role within the food industry sector. This included creating or contributing to policy and liaising with industry, unions and associations. Its functions included obtaining agreement to standards and identifying strategies to promote health and safety in the industry. Its approach was to seek the agreement or consensus of industry and to achieve practical solutions rather than to impose solutions, as this was considered to be a more effective way of promoting health and safety and securing compliance. ³¹

9.35 The Livestock and Stationary Machinery NIG (later the Agricultural NIG) was set up in 1989 as part of the Factory and Agriculture Inspectorate Division (FAID) in HSE. It was responsible for advising HSE staff and the agriculture industry on matters within its remit. ³²