Executive (HSE) (s 11). The HSE is the principal enforcing authority empowered to appoint inspectors (s 19). In the tradition of the earlier regulatory legislation, there are criminal sanctions for breaches of the duties in the Act and regulations. However, there is a new approach in the new legislation, in that the broad general duties impose upon duty holders the responsibility for determining the way in which they will operate to achieve the objectives of the legislation. On the other hand, it gives to inspectors what were, at that time, novel powers to issue notices requiring things to be done to make particular workplaces safer. The inspectors’ powers to issue improvement and prohibition notices may often be used as an effective alternative to initiating criminal proceedings. The remaining chapters of Part II will be concerned with the system put in place under this Act, which continues in force as the framework under which the considerable number of European Directives on occupational health and safety has been, or is being, implemented. ADMINISTRATIVE CONTROL WITHIN THE BRITISH REGULATORY SYSTEM : The traditional British regulatory system places responsibility for selecting and operating a safe system upon the employer. If either official inspection or catastrophe causes the employer’s judgment and competence to be questioned, the inquiry will take place in a criminal court. An alternative

doi:10.4324/9781843140504-142

Chapter

Executive (HSE) (s 11). The HSE is the principal enforcing authority empowered to appoint inspectors (s 19). In the tradition of the earlier regulatory legislation, there are criminal sanctions for breaches of the duties in the Act and regulations. However, there is a new approach in the new legislation, in that the broad general duties impose upon duty holders the responsibility for determining the way in which they will operate to achieve the objectives of the legislation. On the other hand, it gives to inspectors what were, at that time, novel powers to issue notices requiring things to be done to make particular workplaces safer. The inspectors’ powers to issue improvement and prohibition notices may often be used as an effective alternative to initiating criminal proceedings. The remaining chapters of Part II will be concerned with the system put in place under this Act, which continues in force as the framework under which the considerable number of European Directives on occupational health and safety has been, or is being, implemented. ADMINISTRATIVE CONTROL WITHIN THE BRITISH REGULATORY SYSTEM

Chapter

Executive (HSE) (s 11). The HSE is the principal enforcing authority empowered to appoint inspectors (s 19). In the tradition of the earlier regulatory legislation, there are criminal sanctions for breaches of the duties in the Act and regulations. However, there is a new approach in the new legislation, in that the broad general duties impose upon duty holders the responsibility for determining the way in which they will operate to achieve the objectives of the legislation. On the other hand, it gives to inspectors what were, at that time, novel powers to issue notices requiring things to be done to make particular workplaces safer. The inspectors’ powers to issue improvement and prohibition notices may often be used as an effective alternative to initiating criminal proceedings. The remaining chapters of Part II will be concerned with the system put in place under this Act, which continues in force as the framework under which the considerable number of European Directives on occupational health and safety has been, or is being, implemented. ADMINISTRATIVE CONTROL WITHIN THE BRITISH REGULATORY SYSTEM

ABSTRACT

In the tradition of the earlier regulatory legislation, there are criminal sanctions for breaches of the duties in the Act and regulations. However, there is a new approach in the new legislation, in that the broad general duties impose upon duty holders the responsibility for determining the way in which they will operate to achieve the objectives of the legislation. On the other hand, it gives to inspectors what were, at that time, novel powers to issue notices requiring things to be done to make particular workplaces safer. The inspectors’ powers to issue improvement and prohibition notices may often be used as an effective alternative to initiating criminal proceedings.