HSE frequently wishes to disclose information to the public, or a section of the public, which has been obtained pursuant to HSWA powers and “relevant statutory provisions1".
HSE's policy is to disclose information which will serve a positive health and safety purpose, where such disclosure would be for one of the purposes in section 1(1) of HSWA, namely to secure the health, safety and welfare of persons at work or to protect persons other than those at work against risks to health and safety arising out of the activities of persons at work. HSE's policy is to make information available when it is necessary to counter an immediate risk to health and safety.
HSE can, therefore, disclose information it has acquired, unless:
the law prohibits or restricts disclosure;
the information falls within a category of information which is exempted from disclosure under the Freedom of Information Act 2000 (FOIA)2.
All HSE staff should be aware of the harm that can be caused by making unlawful or improper disclosure of information in their possession. HSE is required as a regulator to provide sufficient information to employers, employees and the public so as to ensure that their health and safety is protected. This can conflict with its duty as a public authority prosecutor to ensure that defendants receive a fair trial and that otherwise properly brought prosecutions are not stopped because of adverse pre-trial publicity.
You will need to have in mind not only the restrictions on disclosure found in section 28 HSWA, but also many other statutory and common law prohibitions or restrictions on the disclosure of information. This section cannot deal with all the possible statutory provisions or common law rules that may apply, but will outline the main ones.
Footnotes
Section 53 HSWA
As a result of the enactment of the FOIA, the Code of Practice on Access to Government Information, second edition (1997) is no longer applicable. See also section below on the application of the FOIA.
