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
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.
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.
The CAA/HSE/HSENI MoU is supported by a contact schedule and guidance document CAP 1484, which provides
additional detail relating to specific areas of aviation activity.
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