The Executive should advise the Commission on its proposals for management of incidents that are subject to an investigation under Section 14(2)(a) of the Health and Safety at Work etc Act 1974.

The final decision on the degree to which the full process contained in this document is applied rests with the Commission. For major incidents that are not subject to a HSWA Section 14(2)(a) investigation, the decision to formally designate an incident as being “major” rests with the Executive.

The Executive decides which of the major incident response management arrangements are to be applied, as well as deciding whether or not a policy and procedure review should be held. The Executive may appoint an investigation manager and after consultation with the investigation manager, may appoint the HSE members of a major incident investigation board MIIB drawn from HSE senior staff.

Where appropriate the MIIB may include at least one person independent of HSE This person(s) is appointed by the Executive, and in the case of a Section 14(2)(a) investigation, in consultation with the Chair of HSC.

HSE Executive Responsibilities

The Executive:

• ensures that a member of the Executive is available for out-of-hours notifications of major incidents
• decides if the incident should be categorised as 'major' by consulting with relevant head(s) of Division/Directorate, the Chair of the HSC, the Commission and Ministers, as appropriate, on the nature of the incident and the proposed action

When considering whether to declare a major incident, the Executive will consider the following points:

• the significance of the event
• any separate investigations by other regulatory bodies
• the involvement of other regulatory bodies in the investigation
• the effect of the investigation on HSE as a whole and the Directorate's/Division's programme of work
• the concerns of the Commission, ministers, other government departments, devolved administrations and regulatory bodies.

Once a major incident is declared, the Executive:

• agrees which of the major incident arrangements should be invoked for the investigation - in the case of a HSWA Section 14(2)(a) investigation, in conjunction with the HSC Chair
• decides the scope of the investigation appropriate to the scale and complexity of the incident
• determines whether a policy and procedure review should take place & its timing, in consultation with relevant stakeholders, and sets the terms of reference - in the case of a HSWA Section 14(2)(a) investigation, in conjunction with the HSC Chair
• ensures that contact with the Secretariat and all members of the Executive is maintained during the response to the major incident
• monitors and as necessary approves briefing for the Commission Chair, the Commission and Ministers
• oversees the investigation and any policy and procedure review process, altering the terms of reference of the investigation/review process if appropriate
• approves publication of the report following a major incident investigation and considers whether to publish interim technical reports if broader health and safety lessons emerge
• agrees decisions on the timing of the release of information to the public.
• considers the policy and procedure review report and ensures that any appropriate response to the recommendations is taken.

The Employee:

All workers are entitled to work in environments where risks to their health and safety are properly controlled. Under health and safety law, the primary responsibility for this is down to employers.

Worker s have a duty to take care of their own health and safety and that of others who may be affected by your actions at work. Workers must co-operate with employers and co-workers to help everyone meet their legal requirements.

As a worker, if you have specific queries or concerns relating to health and safety in your workplace, talk to your employer, manager/supervisor or a health and safety representative.

For more details on employers and your own responsibilities in law you can read Health and safety law: What you need to know .

Your health and safety: A guide for workers also provides further details of your rights and responsibilities. Go Back