Responsibility for Health & Safety Enforcement
In the UK, the responsibility for health and safety enforcement is split between three main bodies - the Health and Safety Executive, the Local Authority and the Fire Service.
Who has responsibility will depend on the type of premises and and special transfer arrangements that are in place. Broadly, local authorities deal with service industries and retail, the HSE with manufacturing and storage. There are detailed regulations that set out these arrangements and if you find yourself subject to enforcement proceedings, it is helpful to engage a solicitor who is aware of these provisions as mistakes can be made and the wrong authority attempt to enforce the law.
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In more detail, Local Authorities deal with:
- Premises where there is the sale of goods, or the storage of goods for retail or wholesale distribution, except at container depots where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway; where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply; where the main activity is the sale or storage of water or sewage or their by-products or natural or town gas and for the purposes where the main activity carried on in premises is the sale and fitting of motor car tyres, exhausts, windscreens or sunroofs.
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Premises involved with
the display or demonstration of goods at an exhibition for the purposes of offer or advertisement for sale.
- Offices.
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Catering establishments.
- Permanent or temporary residential accommodation including the provision of a site for caravans or campers.
- Consumer services provided in a shop except dry cleaning or radio and television repairs, and in this paragraph “consumer services” means services of a type ordinarily supplied to persons who receive them otherwise than in the course of a trade, business or other undertaking carried on by them (whether for profit or not).
- Cleaning (wet or dry) in coin operated units in launderettes and similar premises.
- The use of a bath, sauna or solarium, massaging, hair transplanting, skin piercing, manicuring or other cosmetic services and therapeutic treatments, except where they are carried out under the supervision or control of a registered medical practitioner, a dentist registered under the Dentists Act 1984(1), a physiotherapist, an osteopath or a chiropractor.
- The practice or presentation of the arts, sports, games, entertainment or other cultural or recreational activities except where the main activity is the exhibition of a cave to the public.
- The hiring out of pleasure craft for use on inland waters.
- The care, treatment, accommodation or exhibition of animals, birds or other creatures, except where the main activity is horse breeding or horse training at a stable, or is an agricultural activity or veterinary surgery.
- The activities of an undertaker, except where the main activity is embalming or the making of coffins.
- Church worship or religious meetings.
- The provision of car parking facilities within the perimeter of an airport.
- The provision of child care, or playgroup or nursery facilities.
The HSE generally has control of other establishments, with the Fire Service taking the lead on Fire Safety matters.
Our solicitors have experience of dealing will all of these enforcement agencies and in representing clients on investigations or enforcement proceedings.
