Volume 6: Human Health, 1989-96
8. Development of guidance on occupational risks from BSE and other TSEs
Annex 1 to Chapter 8: Organisation of HSE
Application of the 1974 Act in Scotland and Northern Ireland
HSC and HSE

1 The Health and Safety at Work Etc Act 1974 ('the 1974 Act') is the principal legislation in England and Wales designed to secure the health, safety and welfare of persons at work; it imposes duties on employers and employees. ¹ Ministers from other government Departments, such as DH, also produce regulations on workplace safety, particularly for industries within their Department's remit. Government Departments, as employers, also produce health and safety guidance for their staff.

2 Part I of the 1974 Act is the substantive section and covers the general duties of employers and employees, the regulation and approval of codes of practice, and enforcement of the provisions and penalties. Part I also created the Health and Safety Commission (HSC) and the Health and Safety Executive (HSE) whose duties are governed by the Act and any regulations made under it. The responsibilities of the HSC and HSE are described briefly below and in more detail in vol. 14: Responsibilities for Human and Animal Health.

Application of the 1974 Act in Scotland and Northern Ireland

3 The Act applies throughout Great Britain (ie England, Scotland and Wales). However, apart from some minor provisions, the Act does not apply to Northern Ireland. ²

4 The health and safety legislation in Northern Ireland is broadly similar to that of Great Britain. It is enforced mainly by the Department of Economic Development and the Department of Agriculture through a health and safety Inspectorate, although the district councils have an enforcement role similar to that of local authorities in Great Britain. There is a Health and Safety Agency, roughly corresponding to the HSC but without its policy-making powers, and an Employment Medical Advisory Service. ³

HSC and HSE

5 At the time when BSE emerged HSC was (and continues to be) responsible for developing policy on health and safety at work, including proposals for new or revised regulations and codes of practice. ⁴

6 The HSE is the operational arm of the HSC and is the primary instrument for carrying out the HSC policy. It has day-to-day responsibility for enforcing health and safety law, except where other bodies, such as local authorities, are responsible. ⁵ In 1986 its field service and inspections were carried out by staff in ten Inspectorates, including the Factory Inspectorate and the Agricultural Inspectorate. Health and safety legislation was also enforced by local authorities (who principally inspected shops, warehouses, service industries and slaughterhouses). ⁶ HSE had various liaison arrangements with representatives from industry to deal with sector-specific health and safety problems; for example the Food Industry, Health Services and Education National Industry Groups (NIGs).

7 HSC and HSE also use a number of standing advisory Committees, including several which deal with specific industry sectors. With regard to BSE and the consideration given to occupational risks, the Advisory Committee on Dangerous Pathogens (ACDP) was most relevant. This was set up by HSC and DH in 1981 with an independent chairman and a dual HSE/DH secretariat. Its terms of reference, originally mainly directed at laboratory workers, were widened in 1991. Its purpose now is to provide advice on all aspects of risks to workers from exposure to dangerous pathogens (ie, infectious agents). ⁷ It also advises on general standards of safe working practice in laboratories handling dangerous pathogens and categorises these according to hazard in light of research. ⁸ This categorisation determines the precautions to be taken over each pathogen.

8 After initial consideration about the merits of issuing guidance on occupational risks from BSE, in February 1991 the ACDP established the ACDP Working Group to take this forward. In addition to the work on BSE by the ACDP and its Working Group, occupational risks from BSE were considered in light of the Southwood Report recommendations by a specially constituted group (HSE BSE Working Group). Members included representatives from MAFF and DH. The emergence of BSE, among other factors, had added to a concern about zoonoses in general and a Cross Divisional Task Force on Zoonoses (CDTFZ) was also created within HSE to prepare guidance on these. Later, the HSE BSE Working Group and the CDTFZ merged to become the Cross-Divisional Task Force on Zoonoses and BSE (CDTFZ & BSE).

Annex 1: Figure 1 - Organisation of HSE