Local Authority Health & Safety Enforcement

Up to now there has been no single publication drawing together the main health and safety legislation and enforcement methods available to local authorities. This new book seeks to fill that gap. It is a practical guide for health and safety practitioners in local government that deals with the main elements of enforcement they are likely to encounter. The book starts by providing details of common law decisions which influence the courts in criminal proceedings under health and safety legislation. It describes the roles of the various health and safety enforcement bodies and explains in detail the duties and powers of those with regulatory responsibilities. Chapters on enforcement and prosecution contain a wealth of practical advice on the procedures and practicalities of preparing for, and taking, action to deal with breaches of health and safety law. There is considerable reference to recognised advisory circulars, decisions of Employment Tribunals, and decisions of the courts in proceedings taken under the Health and Safety at Work etc Act 1974 and related legislation.
The impact on enforcement of the Human Rights Act 1998 and the Regulation of Investigatory Powers Act 2000 is also included. The chapter on accidents is aimed at those who have to prepare for, investigate, and then subsequently decide on appropriate action. It deals in some detail with the causes and investigation of accidents and the practical side of risk assessment and hazard analysis. Many local authorities struggle to secure adequate resources to carry out their health and safety functions. A chapter dealing with planning for the implementation of the regulatory role provides information on the mandatory requirements, training, health and safety auditing, and provides many examples of good practice. Comprehensive tables of cases, statutes and a useful bibliography complete this valuable guide. Sets out the law as it relates to the duties and responsiblities of local authorities in enforcing health and safety requirements An array of case law references is included to demonstrate the courts' and employment tribunals' attitude to offences. Gives examples of good and not so good enforcement practices