Under the Health and Safety Act 1974 it is the empolyers duty of care and obliges the employer to take 'reasonable care of those that might foreseeably be affected by his act or omissions'.
A Risk Assessment is required for , in this instance, the Heli Pad, and 'so far as reasonable practical' safety measures must be put in place.
Therefore I understand from the law that the hospital has a duty to provide a safe operating area for the helicopters, their crews and hospital and ancillary staff that are required to attend a helicopter activity.
The HSE could attend the helipad. There are sanction that can be taken against those found to be in breach of the law. They could serve a Enforcxement Notice, either in the form of an Improvment Notice or an Prohibition Notice. It would appear from my knowledge that a Prohibition Notice be served as the workplace (helipad) activly involves, or will involve, the risk of serious personal injury.
If the helipad at this hospital or one elsewhere provided for the use of helicopters delivering or collecting patients then that helipad has to be safe to use by suitable helicopter flown by suitably trained crews. Limitations in use could be due to weather, time of day, type of helicopter, proficiency of crews or a combination of these items.
So where the CAA comes into this is not clearly understood.
Are they seeking a fundamental change in the law?
£££ do play a major role in this situation and it will be a balancing act of cost of safety enhancements versus the risk of serious injury occurring.
So coming up with a 'off the shelf' requirement aint solving the problem. So a jar of prunes to the CAA. They must suffer alot from the runs!