Health and safety at work
The enforcement of health and safety legislation is split between the Health & Safety Executive (HSE), local authorities (LAs), the Care Quality Commission (CQC) and fire authorities (FAs). In general:
LAs cover shops, warehouses, offices, hotels and catering, sports, leisure, consumer services, (e.g. laundrettes, hairdressers, undertakers, shoe repair, tyre and exhaust fitters) and churches
The HSE covers factories, building and construction sites, mines and quarries, farms, fairgrounds, railways, public sector organisations, chemical plants, offshore and nuclear installations
The CQC regulates healthcare services, including hospitals, nursing and residential care homes, clinics, mental health services and other registered locations, including dental and GP practices
FAs enforce fire safety provisions in most workplaces
In this section you can find out about specific duties and responsibilities that you may have towards your employees, customers and members of the public, and how we apply health and safety legislation.
The Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020 SI 2020 No.1104 came into force on the 14 October 2020.
The Regulations impose restrictions on gatherings and businesses in the areas specified in Schedule 2 including Newcastle upon Tyne, where the local Covid 19 alert level is assessed as being high, and on gatherings elsewhere by persons living in the specified areas. The restrictions on businesses in the specified areas consist of limitations on the sale of alcohol for consumption on the premises, the imposition of restricted hours for certain businesses in the specified areas.
These Regulations require certain undertakings in the hospitality industry, to take measures to ensure that their customers follow the rules on social distancing.
These regulations impose a number of obligations on relevant persons, in order to protect against the risks arising from coronavirus. The main obligations are as follows.
Regulation 5 provides who the regulations apply to, in particular to a relevant person (as defined in regulation 4) who occupies relevant premises (also as defined in regulation 4). The regulation makes clear that where relevant premises are hired or used by more than one relevant person on a temporary basis, any obligations under the regulations will apply to that person for the time during which they hire or use the premises.
Regulation 6 provides that relevant persons must display and make available a QR code at relevant premises they occupy or operate to enable certain individuals who seek to enter the premises (in the circumstances in regulation 9) to scan that QR code.
Regulation 7 provides the requirement to request certain details (as set out in regulation 10), where an individual seeks to enter relevant premises (in a case set out in regulation 9), unless that individual is under 16 or has a mental or physical disability that means they are unable to provide the details.
Important Letter from Public Health & Regulatory Services
To access a very important letter about Covid 19 in Newcastle from the Director of Public Health and the Director of Operations and Regulatory Services go to Letter (word 55 kb)
These Regulations impose restricted opening hours and other restrictions on certain businesses in England (apart from Bolton) selling goods or providing services. They also make changes to the restrictions on gatherings in England, in relation to gatherings for support groups, weddings and other significant events, and sports gatherings.
These Regulations amend the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 such that employees and other persons providing services in public houses will be required to wear face coverings when they are in close proximity to members of the public unless they are exempt or have a reasonable excuse.
These Regulations amend the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 to include theatres, restaurants, bars and public houses in the scope of the “relevant places” where members of the public are required to wear face coverings, except for in some limited cases such as when it is reasonably necessary for a person to remove their face covering to eat or drink.
They also require employees and other persons providing services in certain “relevant places”, including in shops, cafes, restaurants, bars and public houses to wear face coverings when they are in close proximity to members of the public unless they are exempt or have a reasonable excuse.
The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 (SI 2020 No. 684) required the closure of certain businesses as listed, to protect against the risks to public health from coronavirus. To see the related Government advice go to Gov.UK.
Re-Opening Certain Businesses and Venues on the 4, 10, 11, 13, 25 July & 15 August 2020
Pubs, Restaurants, Hairdressers, Places of Worship, Cinemas, Community Centres, Museums and outdoor amusements can now be open, so long as they take measures to prevent the spread of infection.
On the 10 July the Health Protection (Coronavirus, Restrictions) (No.2) (England) (Amendment) Regulations 2020 (SI 2020 No. 719) amended the principal Regulations. These Regulations now permit the following to open: outdoor swimming pools and water parks (from 11th July 2020); nail bars and salons, tanning booths and salons, spas and beauty salons, massage parlours, tattoo parlours, and body and skin piercing services (from 13th July 2020). To see the related Government Guidance go to Gov.uk (External link)
The Health Protection (Coronavirus, Restrictions) (England) (No.3) Regulations 2020 (SI 2020 No.750) came into force on 18 July and enable local authorities to give Directions relating to individual premises, Directions relating to events and Directions relating to public outdoor places
The powers to make a direction may only be exercised where conditions specified in the Regulations are met.
These conditions are that that giving such a direction responds to a serious and imminent threat to public health, that the direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the local authority’s area, and that the prohibitions, requirements or restrictions imposed by the direction are a proportionate means of achieving that purpose.
The Health Protection (Coronavirus, Restrictions) (No.2) (England) (Amendment) (No.2) Regulations 2020 (SI 2020 No.788) come into force on the 25 July 2020. The following businesses are permitted to be open: indoor fitness and dance studios, indoor gyms, indoor sports courts and facilities, and indoor swimming pools, including indoor facilities at water parks.
The Health Protection (Coronavirus, Restrictions) (No.2) (England) (Amendment) (No.3) Regulations 2020 (SI 2020 No.863) came into force on the 15 August 2020. The following businesses are permitted to be open: casinos, indoor skating rinks, indoor play areas, bowling alleys and conference centres and exhibition halls.
Nightclubs, dance halls, discotheques, sexual entertainment venues and hostess bars must remain closed.
The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 (SI 2020 No. 791). The Regulations require members of the public to wear face coverings whilst inside a relevant place specified in the Regulations, except in certain limited cases, from Friday 24 July.
The Health Protection (Coronavirus, Restrictions) (No.2) (England) (Amendment) (No.4 Regulations 2020 (SI 2020 No. 986). The Regulations now require that people may not participate in social gatherings, in any place, in groups of more than 6, unless they are members of the same household, two linked households, or exceptions apply.
Need more information?
For further information contact:
Newcastle City Council, Commercial Team, Public Safety and Regulation, Newcastle City Council, Civic Centre, Newcastle upon Tyne, NE1 8QH
Telephone: 0191 278 7878
Health & Safety Executive, Alnwick House, Benton Park View, Newcastle upon Tyne, NE98 1YX. Telephone 0191 202 6200
Care Quality Commission, National Customer Service Centre, Citygate, Gallowgate, Newcastle upon Tyne, NE1 4PA. Telephone 03000 616161
Tyne and Wear Fire and Rescue Service, Nissan Way, Washington, Sunderland, Tyne and Wear, SR5 3QY. Telephone 0191 444 1589