SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS
- We recommend that the HSE brings forward proposals
aimed at increasing the reporting of all injuries in the workplace
(paragraph 22).
- We agree that the HSE's focus should remain
largely preventative. However, we are disappointed by the low
levels of investigation and prosecution that are undertaken by
the HSE. There is an urgent need to increase rates on both counts.
We therefore support the proposed target of a three per cent increase
in investigation of reported injuries over the next three years.
However, this target must be taken seriously: it should not be
viewed as merely 'aspirational'. If
resources are not currently available to allow the HSE to make
this improvement, they must be provided (paragraph 29).
- We welcome the HSE's review of investigation
criteria as we are concerned that there are potentially many injuries
which it should have investigated. We are pleased that the HSE
intends to re-open those cases where the original decision not
to investigate was judged to be wrong (paragraph 34).
- However, we continue to have some concerns
about how the criteria which determine which injuries will be
investigated, are applied by HSE inspectors. Decisions in the
past appear to have been unduly dictated by availability of resources.
While the HSE needs to operate within its resource limitations,
we believe that it should develop more detailed guidance for inspectors.
In particular, more thought should be given to a) how to 'weight'
the criteria, since some should surely have more influence than
others and b) whether some categories of very serious injuries
should automatically trigger an investigation in the same way
that fatalities do. Such a system would mean that decisions on
whether to investigate would be more rigorously based and more
transparent which would ultimately lead to a greater consistency
in application between inspectors. We urge the HSE to use its
review to address these issues (paragraph 35).
- We are also concerned about those cases where
the HSE fails to investigate an injury and an individual is subsequently
successful in bringing a civil case against an employer. We recommend
that the HSE provide a list of such cases in their annual report,
identifying the lessons learnt and the action taken, to ensure
that in the future such cases will be investigated. We recommend
that, unless there is evidence that the HSE is responding to this
concern, the Government consider taking action against the HSE
(paragraph 36).
- We do not believe that it would be in the
public interest to replace inspectors with lawyers to prosecute
cases in the lower courts, primarily due to the significant resource
implications. Instead, we welcome the HSE proposals to have fewer,
better qualified specialist prosecuting inspectors in the lower
courts (paragraph 39).
- However, in addition, we believe that there
may be some merit in enhancing the legal support currently available
to HSE inspectors when prosecuting cases. We therefore recommend
that the HSE provide better access for inspectors to legal expertise,
whether this be in-house or external, to assist in the preparation
of cases for magistrates courts. This
may increase the chances of a successful prosecution and should
allow inspectors to spend more time in the field (paragraph 40).
- We recommend that the Government introduce
legislation at the earliest opportunity to increase the level
of fines available to the courts for health and safety offences.
Penalties should be related a) to the seriousness of the injury
and b) to companies' turnover/profit, and should be higher in
defended cases. They should also always be set at a level greater
than the cost to the company of rectifying its unsafe work practices
(paragraph 46).
- We recommend that the Government brings forward
legislation to introduce a crime of corporate killing as soon
as possible (paragraph 48).
- We welcome the HSE's announcement during our
Inquiry that it will in future publicise the companies and individuals
convicted of health and safety offences each year. We are also
pleased to see the introduction of an initiative to increase publicity
around impending prosecutions. This, coupled with more meaningful
penalties, should provide a greater deterrent (paragraph 50).
- The HSE should ensure that its naming and
shaming policy is based on a fair and consistent assessment of
health and safety performance. The policy should allow for appropriate
adjustments to be made for differences in performance which are
due to a company's size or sector, to present a fair picture of
health and safety practices among employers (paragraph 52).
- We recommend that the HSE carefully monitors
the effect of its new policy on naming and shaming in order to
ensure that the benefits outweigh any costs which may arise. We
also recommend that the HSE establishes a 'hall of fame' to draw
attention to the companies implementing good practice in health
and safety (paragraph 53).
· It is important for the HSE to
ensure that the health and safety advice being disseminated by
insurance companies is fully compatible with the advice offered
by the HSE and that the priorities they stress are those considered
important by the HSE (paragraph 61).
- We recommend that the HSE and the Government
take all possible steps to actively encourage insurers to adjust
premiums and insurance conditions to reflect good practice in
health and safety (paragraph 62).
- We recommend that the HSE initiate pilot schemes
for roving safety representatives across the country (paragraph
69).
- 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 (paragraph 78).
- We are pleased that the HSE and the Government
recognise the improved provision of health and safety advice to
the small firms and self-employed sector as a priority. However,
we believe that additional action is required. We hope that improvements
will be secured through the Small Business Service. We are also
drawn to the Government's proposal to provide financial assistance
to help small firms seek consultancy advice on health and safety
matters and recommend that the Department draw up detailed proposals
(paragraph 85).
- We believe that it is currently very difficult
to address occupational health problems within the mainstream
health service. Incidence is likely to increase and we are concerned
that HSE's strategy and associated targets, while welcome, may
not be ambitious enough. We therefore recommend that the Government
and the HSE develop the idea of an occupational health advisory
network based around primary care groups. The resource implications
of such a plan would need to be considered, but we believe that
primary care groups and trusts could well act as a valuable and
relevant population based focus for initial advice and help on
occupational health and safety matters. Referrals on to specialist
units would be feasible in the current public and occupational
health infrastructure (paragraph 93).
- We believe that the best way to protect workers
and the general public against dangerous practices is for regulation
to continue to be funded by the Exchequer (paragraph 98).
- We therefore recommend that both fines and
costs awarded against defendants for health and safety offences
are hypothecated to the HSE (paragraph 99).
- On balance, and in recognition of the key
role played by the tripartite structure, we believe that the composition
of the Commission should remain as it is. We do not believe that
enhanced representation of the self-employed or part-time workers,
for example, can be achieved within the Commission. Instead, these
groups of workers should consider joining a trade union or an
employers organisation if they wish to have greater influence
on policy. However, we recommend that the Commission review the
membership and structure of its advisory committees with a view
to updating them to reflect the current UK industrial structure.
In particular, we recommend that additional industry and subject
advisory committees are established to represent, at the very
least, the interests of small firms, part-time workers and the
service sector (paragraph 111).
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