Page 45 - Study Law Book

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making of coffins.
13.
Church worship or religious meetings.
14.
The provision of car parking facilities within the perimeter of an airport.
15.
The provision of child care, or playgroup or nursery facilities.
The responsibility for enforcement of any of the relevant statutory provisions in any
particular premises may be transferred, by agreement, from the Executive to the local
authority and vice versa.
Local Authority Trading Standards Departments enforce the Personal Protective
Equipment Regulations. The HSE can only take action under Section 6 of HASWA.
The Environment Agency
The Environment Agency (EA)/Scottish Environmental Protection Agency (SEPA) are
responsible for the enforcement of Section 5 of HASWA, including notices relating to
pollution. It deals with Integrated Pollution Prevention & Control (IPPC) which is
applied to the top tier of most polluting processes or substances (hazardous waste and
controlled waste). Local authorities are responsible for some aspects of air pollution
control.
The HSE and the EA form the joint competent authority for enforcing the Control of
Major Accident Hazards Regulations.
The Employment Medical Advisory Service (EMAS): was established under the Factories
Act 1961, as amended by the Employment Medical Advisory Service Act 1972, and
HASWA. EMAS is responsible for periodic health surveillance of workers in some
hazardous processes as required by Regulations.
EMAS is an integral part of HSE and is staffed by specialist occupational health
professionals, both doctors and nurses. They are available to give expert advice on
medical matters relating to work a wide range of organisations and individuals. This
includes employers, employees, trade unions, all Directorates in HSE, Local Authority
environmental health officers and also other health care professionals.
Employment Medical Advisers have similar powers to HSE inspectors.
Powers of Inspectors Under the HASWA
Enforcement of health and safety at work legislation is governed by a series of
measures, the principal of which is The Health and Safety at Work Act 1974. Both the
Act and Regulations made under the Act can provide for enforcement.
Enforcement of health and safety at work legislation is the responsibility of various
authorities including the Secretary of State, The Health and Safety Commission (HSC),
The Health and Safety Executive (HSE), local authorities, fire authorities, the
Environment Agency and the Scottish Environment Protection Agency. We shall
concentrate on the enforcement powers of the HSC, HSE and local authorities.