The HSE enforce the Health and Safety at Work etc. Act 1974, and the HSENI enforce the Health and Safety at Work (Northern Ireland) Order 1978 and associate legislation - further information and guidance on these can be found on the HSE and HSENI websites respectively.
This legislation usually covers workers and members of the public anywhere in Great Britain and Northern Ireland, but with the introduction of the Civil Aviation (Working Time) Regulations (CAWTR) the HSE and HSENI does not enforce health and safety legislation in relation to crew members (flight and cabin) or UK operators when on board the aircraft.
The CAA enforces the general health and safety duty set out in the CAWTR for the protection of crew members of UK operators on the aircraft, drawing on existing good practice including HSE standards and guidance and adapting it to the aircraft environment. This guidance can be found in CAP 757.
There is one specific exemption to these arrangements, which relates to employee and employer consultation arrangements. These regulations encompass all employees, including aircraft crew members, but remain the enforcement jurisdiction of the HSE and HSENI. It should be noted that enforcement action under this legislation will only be considered once all other avenues of conciliation have been exhausted, in accordance with the HSE and HSENI enforcement policies.
Memorandum of Understanding
The Memorandum of Understanding (MoU) was drawn up to help the CAA, HSE and HSENI understand the boundaries of respective enforcement responsibilities within the aviation industry. It also acts as a guide to operators and individuals to help determine who is best placed to provide advice and guidance on health and safety issues in the aviation sector.
As well as providing enforcement guidance it aims to prevent duplication of enforcement effort. It also outlines the coordination mechanisms by which the regulators can raise matters of concern and develop the regulatory approach to new or emergency risks in the aviation industry.