Role of HSE explained
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18 January 2011
Health and Safety Executive
The Health and Safety at Work Act 1974 led
to creation of two governing authorities:
The Health and Safety Commission and The
Health and Safety Executive.
On April 1st 2008, both authorities were
merged to establish one governing authority, namely the Health and
Safety Executive (HSE).
Role of HSE
It is the duty and responsibility of the
HSE to make adequate arrangements for the enforcement of Health and
Safety legislation. The Secretary of State has the power to establish
provisions that allow other authorities or bodies to take
responsibility for their own enforcement. Such an authority would
include the 'Local Authority'. There is a duty on both the HSE and the
Local Authority to ensure that:
They work together to establish the best
practice and consistency in the enforcement of legislation.
They enter into arrangements with each
other for securing cooperation and the exchange of information.
They from time to time review those
arrangements and revise them when they consider it appropriate to do
Powers of Inspectors
Section 20 of the HSWA 1974 provides
inspectors with a wide range of powers to ensure that the provisions of
the HSWA 1974 are complied with. Inspectors have the power to:
Enter premises which they have reason to
believe it is necessary for them to enter for the purpose of enforcing
any statutory provision contained within HSWA.
Take with them a constable if they have
reasonable cause to apprehend any serious obstruction in the execution
of their duty.
Undertake such examination and
investigation as is necessary for the purpose of enforcing any
statutory provision contained within the HSWA.
Direct that premises or any part of them,
or anything therein, shall be left undisturbed for so long as is
Take such measurements and photographs and
make such recordings as they consider necessary for the purpose of any
examination or investigation
Take samples of any articles or substances
found in any premises and of the atmosphere in or in the vicinity of
Dismantle, test, take possession and
detain any article or substance likely to cause danger to health or
Require any person whom they have
reasonable cause to believe they are able to give any information
relevant to any examination or investigation
Require the production of, inspect, and
take copies of any entry in any books or documents which are required
to be kept.
Syed Rashidul Islam is a Trainee
Solicitor with Lawdit Solicitors and can be contacted by email
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
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Article Published/Sorted/Amended on Scopulus 2011-03-16 13:21:02 in Legal Articles