RELATIONSHIP WITH OTHER AGENCIES
70. Given that there are around 3.7 million workplaces
in the UK, it is abundantly clear that the HSE cannot regulate
them all via individual inspection. Working with and through other
agencies is therefore one of the key ways that compliance with
the Act can be ensured.
71. As discussed earlier, the HSE shares responsibility
for enforcement of the Act with local authorities. The HSE also
works with the Environment Agency and the Scottish Environment
Protection Agency[109]
on a range of issues including chemicals, pesticides and nuclear
safety[110]
and in jointly enforcing legislation such as COMAH.[111]
In addition, the work and policies of a number of Government departments,
particularly Minsitry of Agriculture, Fisheries and Food, the
Department of Trade and Industry and the Department of Health,
affects HSE's activities.
72. There are a range of problems associated with
joint or inter-agency working and a number of witnesses questioned
whether the current division of tasks and responsibilities was
the most effective model. We received calls for increased and
more effective co-ordination between agencies[112]
and suggestions on how responsibilities should be reorganised.
Both the CBI and the Federation of Small Businesses argued that
there was scope for greater coordination between the HSE and other
Government departments and that better links should be established
between the enforcement regimes on health, safety, food hygiene,
environment and fire.[113]
RoSPA went further, proposing that the HSE should assume responsibility
for a number of areas of regulation currently outside its remit
including air, marine, fire and product safety and electricity
supply.[114]
73. The Pesticides Trust highlighted the problem—from
the public's perspective—of several agencies being involved
in health and safety regulation. It cited the example of how to
report pesticides incidents (for example, abandonment of pesticides
containers, or accidental spraying), the arrangements for which,
it argues, are confusing.[115]
The HSE leaflet, Reporting incidents of exposure to pesticides
and veterinary medicines, appears to be a useful guide which
sets out instructions about what to do and who to contact if involved
in an accident involving pesticides.[116]
However, the Pesticides Trust argued that in practice confusion
still reigns: "we continue to receive calls from members
of the public who have found it difficult to obtain clear advice
from agencies as to responsibilities for pesticides incidents".[117]
The Minister conceded this point, saying that in general there
was indeed "uncertainty about where people who have worries
and anxieties should go".[118]
74. However, the HSE argued that it continues to
improve links with other agencies and Government departments.
Further integrating the occupational health and safety agenda
with other programmes such as education and public health is also
a key priority for the Government.[119]
Since better integration certainly appears to be being addressed
it seems likely that the costs involved in any reorganisation
of health and safety responsibilities would outweigh the benefits.
Furthermore, there are arguments both for and against changing
or expanding the agency's remit. Having examined these views,
we believe that it is unlikely any reorganisation of responsibilities
or the establishment of a single 'super agency'[120]
would improve matters. Instead there is a need to improve access
to information, particularly for small firms, to avoid the confusion
and potential duplication caused by the involvement of many agencies.
75. The CBI[121]
and others[122]
suggested that a first stop shop approach would improve health
and safety regulation in general and ease the burden for businesses.
The CBI pointed out that "business needs to have regulatory
contacts who can provide specialist advice but they also need
to have a simple way of accessing government".[123]
The key change would, according to RoSPA, be to give businesses
access to "a unified stream of information".[124]
The Minister agreed that the creation of a first stop shop might
improve matters.[125]
76. However, the issue of improving the access to
information for small firms is not restricted to health and safety
advice. The Trade and Industry Committee in its report on small
businesses and enterprise highlighted the confusion caused by
the existence of a number of initiatives or bodies providing advice
to small firms. It criticised the Government for a lack of coordinated
policy, stating there was "something of a policy vacuum on
SMEs".[126]
77. The Small Business Service, which will be in
operation from April 2000,[127]
should, if the claims for it are met, go some way to improving
this situation and the Government proposes that one of its three
main functions will be to provide "a ready means of access
to information on regulatory matters".[128]
It is also to have a role in ensuring that the burden of regulation
on small firms is not excessive.
78. We recommend that the Government ensures that
the Small Business Service provides a first stop shop to small
firms for advice on regulatory matters, including health and safety
advice.
Relationship with local authorities
79. We also received some criticism of the role of
local authorities in enforcement. The London Hazards Centre claimed
that "local government enforcement of health and safety legislation
is poor"[129]
and the TUC expressed some concern that local authorities were
shifting resources away from health and safety enforcement towards
other areas of regulation.[130]
Others argued that collaboration between the HSE and local authorities
was problematic.[131]
80. However, the Chartered Institute of Environmental
Health, which represents Environmental Health Officers, claimed
that local authorities bore the brunt of additional pressures
given the type of workplaces they inspect (ie small, service sector
organisations and offices). The Institute argued that many of
the recent labour market changes and emerging occupational health
problems, such as "sick building syndrome and stress",
were more common in offices and in the service sector.[132]
We deal further with local authority enforcement at paragraph
104 below.
109 As
the DETR notes in its evidence, "responsibility for health
and safety has not been devolved to either the Scottish Parliament
or the National Assembly for Wales". (HSE21) Back
110 HSE25,
para39 Back
111 Control
of Major Accidents and Hazards Regulations 1999 Back
112 HSE11,
HSE13, Q6 Back
113 HSE17,
para 4 and HSE22, para 3.3.5 Back
114 HSE03 Back
115 see
HSE26 and HSE26a Back
116 In
short, those incidents involving people should be reported to
the HSE, those involving the environment to the Environment Agency
and those impacting on wildlife or lifestock to MAFF (although
there are variations depending on where the incident took place). Back
117 HSE26 Back
118 Q400 Back
119 HSE21 Back
120 As
suggested by RoSPA (HSE03) Back
121 HSE17 Back
122 HSE03,
HSE06 Back
123 HSE17 Back
124 HSE03 Back
125 QQs
400 & 401 Back
126 HC330
(Session 1998-99), p v Back
127 This
will take on the functions of the Business Links Back
128 Government
observations on the thirteenth report from the Trade and Industry
Committee (Session 1998-99) on small businesses and enterprise,
HC49 (Session 1999-00), p ix Back
129 HSE15 Back
130 HSE18,
para6 Back
131 HSE22,
para 3.2 Back
132 HSE07 Back
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