§ Mr. Woodallasked the Secretary of State for Employment what functions the Health and Safety Commission has asked the Railway Inspectorate to perform; and in relation to what workers and what place of work.
§ Mr. John GrantI am informed by the chairman of the Health and Safety Commission that, under an agreement made between the Commission and the Department of Transport, the Department has been asked to perform the following functions:
- (a) in broad terms, the enforcement of the provisions of Part 1 of the Health and Safety at Work etc. Act 1974 and of health and safety regulations in respect of premises and activities involved in the operation, inspection or maintenance of any railway or tramway; and
- (b) to develop policies under the direction of the Executive and Commission to secure the general purposes of the Health and Safety at Work etc. Act, including participation in the preparation of health and safety regulations, codes of practice and advisory literature generally; and to perform various
463 duties connected with the industry advisory committee for railways. By the terms of the agreement the words "railway" and "tramway" in sub-paragraph (a) relate to (i) any statutory railway or tramway and (ii) any non-statutory railway or tramway having a track guage of not less than 350 mm which is used for the carriage of passengers.
§ Mr. Woodallasked the Secretary of State for Employment whether the functions which the Railway Inspectorate performs for the Health and Safety Commission include (a) prosecution for offences under the Health and Safety at Work etc. Act 1974 and (b) the issuing of notices under Section 21 and Section 22 of that Act.
§ Mr. John GrantI am informed by the chairman of the Health and Safety Commission that the functions which the Railway Inspectorate performs under the terms of an agreement with the Health and Safety Commission include—
- (a) the institution of proceedings for an offence under the provision of Part 1 of the Health and Safety at Work etc. Act 1974 in England and Wales and
- (b) the issuing of notices under Section 21 and 22 of that Act.
§ Mr. Woodallasked the Secretary of State for Employment what functions the Health and Safety Commission has asked the National Radiological Protection Board to perform; and in relation to what workers and what places of work.
§ Mr. John GrantI am informed by the chairman of the Health and Safety Commission that the agency agreement of April 1975 between the Health and Safety Commission and the National Radiological Protection Board provided that the Board would carry out on behalf of the Commission such functions as the Commission should from time to time request. Accordingly the delegated officials in the relevant inspectorates of the HSE have, where appropriate, requested that the Board visits and carries out surveys in premises to which the Health and Safety at Work etc. Act 1974 applies and where an inspector has cause to believe that a risk to workers may arise from ionising or non-ionising radiations. However, in respect of selected dental premises, in order to minimise disturbance464W to professional procedures, the HSE has asked the Board to use its system of postal film packets to evaluate standards of radiological protection and to undertake such follow-up visiting as may be agreed.
§ Mr. Woodallasked the Secretary of State for Employment whether the functions which the National Radiological Protection Board performs for the Health and Safety Commission include (a) prosecution for offences under the Health and Safety at Work, etc. Act 1974 and (b) the issuing of notices under Section 21 and Section 22 of that Act.
§ Mr. John GrantI am informed by the chairman of the Health and Safety Commission that the National Radiological Protection Board is not empowered to undertake prosecutions or the issue of notices under the Health and Safety at Work etc. Act 1974. However, when deciding whether action is necessary under the Act in respect of ionising or non-ionising radiations the HSE inspector will take account, amongst other relevant matters, of any report made by the Board at his request.