Health and Safety
Executive / Commission
Armed forces
Cases of disease and accidents to members of the armed forces of the Crown or to members of visiting forces, when on duty, are not reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). Similar events involving civilian employees and accidents leading to death or hospitalisation of members of the public are reportable to HSE. However, HSE Inspectors can and do investigate accidents to members of the armed forces which come to light through voluntary reporting by MOD or in other ways. Many of these arise from operational training.
General advice on reportability of accidents is available from the HSE Incident Contact Centre.
As with MOD, visiting forces are subject to the Health and Safety at Work etc. Act 1974 (HSW Act), but formal enforcement procedures cannot be used.
In 1989 HSE, MOD and United States Visiting Forces (USVF) entered into The Visiting Forces Agreement, in which USVF agreed to extend full protection, rights and responsibilities of HSW Act to UK civilian employees and agreed to allow HSE to monitor observance by USVF of health and safety legislation.
The Visiting Forces Agreement is currently being reviewed.
Visiting forces of many nations also participate with British forces in NATO training exercises; and individuals from overseas forces attend training courses in Great Britain. The Visiting Forces Agreement is confined to US forces. Units and individuals of other nationalities are equally subject to the HSW Act and whilst there is no protocol for their inspection, HSE may still investigate accidents or complaints where these foreign nationals appear to be duty holders or material witnesses.
British health and safety legislation applies only within the baseline of Great Britain (GB), to certain offshore facilities and to certain other activities within territorial waters (12 miles), subject to the Health and Safety at Work etc Act 1974 (Application Outside Great Britain) Order 2001. It does not apply to activities outside of these areas, so it will not apply to military operations in war zones such as Iraq and Afghanistan, nor to British sites in Gibraltar, Cyprus or Germany. MOD activities in areas outside GB will be subject to the host nation’s own legislation. HSE will not investigate any incidents occurring outside GB because these are outside HSE's jurisdiction. Where there is an incident outside HSE's jurisdiction as a result of decisions made in GB, HSE will not be responsible for investigating those decisions/activities if no risk arises in relation to employees at work in GB or to other persons in GB. Risks outside of GB will be subject to the legislation of the country where that risk arises.
HSE may consider relevant information about incidents occurring outside GB - not for the purposes of investigating the incident itself - but in relation to any learning that is applicable to similar activities that take place in areas that do come under our jurisdiction, i.e. risks arising from activities, and to persons, in GB.
Northern Ireland has its own health and safety legislation and enforcing authority (HSENI)