Powers of health and safety inspectors under the Health and Safety at Work etc. Act 1974
Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers
Powers of health and safety inspectors under the Health and Safety at Work etc. Act 1974

The following Corporate Crime practice note produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers provides comprehensive and up to date legal information covering:

  • Powers of health and safety inspectors under the Health and Safety at Work etc. Act 1974
  • The Health and Safety Executive
  • Basis of the HSE’s statutory powers
  • Powers of local authorities and other regulators
  • Inspectors appointed pursuant to HSWA 1974, s 19
  • The instrument of appointment
  • The powers of inspectors appointed under HSWA 1974, s 19
  • Interviews and witness statements
  • Dealing with imminent danger
  • Serving Improvement or Prohibition Notices
  • More...

The Health and Safety Executive

The Health and Safety Executive (HSE) is a non-Departmental Body of the Department of Work and Pensions and is the main regulator for health and safety offences. It cooperates with the Crown Prosecution Service (CPS) and the police under the work related deaths protocol in cases of manslaughter and corporate manslaughter. See Practice Note: Corporate manslaughter—an introductory guide.

The HSE is established by section 10 of the Health and Safety at Work etc. Act 1974 (as amended) (HSWA 1974) in order to support the aim of health and safety at work through research, through the provision of training and information and through enforcement.

Basis of the HSE’s statutory powers

The HSE’s powers and duties stem from a range of statutes and statutory instruments. A non-exhaustive list of these include:

  1. HSWA 1974, ss 11, 13, 14, 16, 18, 19, 26, 27, 50, 55, 56, 57, 59 and Schedule 2 (and subordinate legislation made under that Act)

  2. Nuclear Installations Act 1965, ss 1–6, 24A

  3. The Activity Centres (Young Persons Safety) Act 1995 (and subordinate legislation made under that Act)

  4. The Control of Major Accident Hazards Regulations 2015, SI 2015/483

  5. The Genetically Modified Organisms (Contained Use) Regulations 2014, SI 2014/1663; and

  6. The Mines and Quarries Act 1954

Powers of local authorities and other regulators

Local authorities also have an important and wide-ranging role in the enforcement of health

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