CONCLUSIONS AND RECOMMENDATIONS
BACKGROUND
We recommend that, in context of Spending Review
2004, the HSE inspectorate be recognised as a front-line service
and protected. (Paragraph 20)
The Government does recognise HSE as a front line
service and will ensure that it has resources to carry out its
duties effectively.
TARGETS
The Committee recommends that the HSE use an annual
workplace health and safety survey to obtain data to enable it
to publish evidence of trends on such issues as the proportion
of employers (a) conducting risk assessments, (b) providing occupational
health support and (c) training on health and safety issues. (Paragraph
41)
The Government supports the idea of a workplace survey
and notes that HSE is currently undertaking work to pilot one
along the lines proposed by the Committee. A decision on whether
to run the full survey and then whether to repeat it annually
or at longer intervals (with smaller-scale studies of specific
subjects in intervening years) will be taken following an analysis
of the success and the results of the first survey.
The Committee views with concern the limited progress
that appears to have been made in reaching targets and does not
believe that there is any realistic prospect of achieving the
2004 targets. In its view this lack of progress must, inevitably,
raise questions about the present system's capacity to secure
significant future improvements in standards of workplace health
and safety. (Paragraph 50)
The Government shares the Committee's concern about
not meeting the interim targets for 2004, but does not share the
view that this raises questions about securing future improvements.
Setting specific targets has given a focus to what
is achievable. It has promoted more effective ways of working,
and better evidence of what works and what does not. It is precisely
this process that has led HSC to advise Ministers that a new strategic
approach was required to meet these targets. The Government accepted
that advice, and supported HSC in developing its workplace strategy,
which will provide the strategic direction in achieving the improvements
that we are all seeking.
In particular, HSE has organised itself around strategic
programmes which are aimed specifically at achievement of the
targets, informed through an improved evidence base which will
develop as these programmes are rolled out. The Government will
ensure that the programmes are resourced to achieve their aims
of bringing about the improvements set in the targets.
The Committee is also concerned that the Public
Service Agreement target to 'improve health and safety outcomes'
by 2008 appears to be vague and unmeasurable. We recommend that
the Government produces and publishes specific details of what
this target is and how it is to be measured. (Paragraph 51)
The Government has published this information as
the Public Service Agreement technical note (www.hse.gov.uk/aboutus/plans/sr2004.htm).
This Note sets out how each performance target will be measured
and the criteria for meeting it against which it can be judged.
Progress will be measured against the following targets:
- That the three health and safety outcome indicators
used for the Revitalising Health and safety (RHS) targets will
reduce over the SR2004 period (2005-06 to 2007-08) by proportions
consistent with HSE's published ten-year targets. This means
the following target reductions against a 2004-05 baseline:
o the incidence rate of work-related fatal and
major injuries: 3 per cent by 2007-08;
o the incidence rate of work-related ill health:
6 per cent by 2007-08;
o the number of days lost due to injuries and
ill health: 9 per cent by 2007-08.
- That the numbers of recorded major hazard precursor
incidents will reduce by levels as previously agreed and published
in joint HSE and industry targets for onshore hazards, offshore
hazards and the nuclear industry. These targets are published
in HSC's Business Plan 2004-05, which is at www.hse.gov.uk/aboutus/index.htm
Information on progress against all PSA targets will
be available at www.hm-treasury.gov.uk from April 2005. The
PSA target will be considered to be fully met only if all the
targets listed above, i.e. the three RHS sub-targets and the three
major hazards sub targets are achieved separately.
The PSA target will be considered partly met if:
- one or more of the sub-targets are achieved;
and
- the indicator for each sub target moves in a
favourable direction; and
- indicators of risk control move in a favourable
direction, indicating that risks are being better controlled and
as a result health and safety failures are declining.
LEGISLATIVE FRAMEWORK
The Committee is concerned at the length of time
it is taking the Government to resolve any outstanding issues
concerning reforms of the law on corporate killing and recommends
that by 1 December 2004; the Government publishes a Bill on corporate
killing. (Paragraph 53)
The Government remains fully committed to reforming
the law on corporate manslaughter. This is a very complex area
of law and it is crucial that the issues are thought through carefully.
The Government had expected to settle its position before now
but working through these issues has taken longer than expected.
We intend to publish a draft bill this autumn. Criminal law is
a devolved matter in Scotland and Scottish Ministers, who are
also considering this area of the law, have said that if there
is a need to reform then they will not hesitate to bring forward
proposals to do so.
The Committee recommends that commitments to legislate
made in Revitalising Health and Safety in 2000 should be honoured
by a Government Bill in the next session of Parliament. (Paragraph
55)
The Government is committed to introducing legislation
for removal of Crown immunity and greater penalties for health
and safety offences. Beyond this, it has no plans to introduce
legislation resulting from the Revitalising Health and Safety
Commitments and does not, therefore, see the need for a new Government
Bill.
The removal of Crown immunity and greater penalties
for health and safety offences will be introduced as soon as Parliamentary
time allows.
The Committee recommends that the Government reconsiders
its decision not to legislate on director's duties and brings
forward proposals for prelegislative scrutiny in the next session
of Parliament. (Paragraph 60)
The Government believes that there is already an
appropriate balance of legislative and voluntary responsibilities
on directors for occupational health and safety, and has no immediate
plans to legislate as recommended. It, along with HSC, will continue
to encourage and persuade directors in organisations across all
sectors to take their responsibilities seriously and to provide
leadership on occupational health and safety.
While the evidence is clear that growing numbers
of board directors, in the private, public and voluntary sectors,
are taking responsibility and providing leadership, there is still
some way to go to achieve the goal of all boards exercising corporate
responsibility. There is an estimated one in six organisations
in which boards do not provide direction or take responsibility,
and have no plans to do so.
A key theme in HSC's workplace strategy is helping
people to understand and benefit from sensible health and safety
policies and practices. HSC has been asked to build on and invigorate
the current voluntary measures in place.
This includes publicising examples of best practice,
the benefits of board- level corporate responsibility and the
persuasive evidence of the benefits, economic and social, that
director leadership brings.
The Government has asked HSC to undertake further
evaluation to assess the effectiveness and progress of the current
measures in place, legislative and voluntary, and to report its
findings and recommendations by December 2005.
HEALTH AND SAFETY COMMISSION AND EXECUTIVE CONSTITUTIONAL
FRAMEWORK
The Committee recommends a wide ranging and open
review of the role and effectiveness of HSC's Industry Advisory
Committees to help to address concerns that they are being downgraded.
(Paragraph 72)
The Government and HSC greatly value the contribution
of its Advisory Committees (ACs) and have no plans to downgrade
them. It believes it right, however, that HSC has an effective
mechanism for constant review to ensure that ACs remain relevant
to the changing industrial and commercial landscape, and focused
on delivering outcomes in the form of improved health and safety.
ACs provide HSC with an additional and major source
of expertise and advice on specific health and safety issues,
and have a key role in delivering HSC's workplace strategy. ACs
may be concerned with health and safety in a particular industry
or sector, or with particular hazards that may be present across
a range of industry sectors, but all ACs support HSC's aims by:
- translating and disseminating HSC's priorities
to their constituencies; and
- engaging stakeholders in appropriate accident/ill-health
reduction programmes.
All ACs are periodically reconstituted, at which
time they are reviewed. In 2003, HSC considered how ACs were managed,
and the criteria against which they should be reviewed. Its views
are set out in a guidance note, 'A Guide to managing HSC Advisory
Committees' (GAP 2), which is available on HSE's web site at www.hse.gov.uk.
HSC wants all ACs to now concentrate on how they
can best improve health and safety performance in the sphere for
which they have responsibility. Proposals to constitute or reconstitute
an AC should explain how it will contribute to achieving strategic
outcomes and the planned timescale, so that progress can be monitored.
Such proposals also have to demonstrate that indicative criteria,
developed by HSC to use as a basis for prioritising resources
to support ACs, have been met. These criteria are also set out
in GAP2.
It is also important to be sure that an AC, as a
specific form of stakeholder engagement, is the most appropriate
for the particular sector.
Between 2003 and 2005, all existing ACs will have
undergone this review process. A number, such as agriculture,
construction and health services, have already been reconstituted.
We endorse the view of Prospect that the number
of inspectors in HSE's Field Operations Directorate should be
doubled (at a cost estimated by them as £48 million a year
after 6 to 7 years). We recommend that substantial additional
resources are needed in the next three years. (Paragraph 82)
Governments approach to resourcing HSE.
The Government will support HSE to achieve improvements
in health and safety in Great Britain and meet its PSA target.
It notes, though, that simply doing more of what HSE has done
before will not deliver the significant improvements needed.
It is for this reason that HSC's workplace strategy
was developed, part of which is to prioritise and target resource
where it will have the greatest impact. Enforcement still has
a key role and the Government does not wish HSE to move away from
enforcement. The challenge will be to achieve the right mix of
activities to optimise desirable outcomes from the resources used.
To this end, HSC has developed a discussion document on an interventions
strategy for HSE and LAs, which has recently been launched for
electronic consultation. This explores further views on what
is the best mix to adopt. It also considers the ways in which
different forms of intervention complement one another. It is
clear that inspection, investigation and enforcement will remain
central to the resulting interventions strategy.
As the interventions strategy is implemented and
rolled out there will be improved evidence of which interventions
are effective and which not so effective. It will take time for
the evidence to build up particularly on health issues.
Doubling of Inspectors in Field Operations Directorate
(FOD)
The Government wishes to see any increases in resources
targeted at specific activities backed up by evidence of its effectiveness.
HSE is doing this by setting up strategic programmes of work in
areas where it will have the greatest impact. HSC's Business Plan
2004-2005 gives details. There is no evidence at this stage that
a blanket doubling of FOD inspectors would be the most effective
or efficient way to achieve significant improvements in health
and safety or meet the targets.
DEVOLUTION
The Committee recommends that HSE should actively
promote joint resource planning, risk prioritisation and programme
working across the devolved legislatures in Great Britain. (Paragraph
88)
The Government will ensure that arrangements are
in place to promote joint planning, risk prioritisation and programme
working where it is appropriate and sensible to do so, and notes
that in areas of devolved government, HSE is already working with
a range of stakeholders. The Government supports this work.
The Government recognises that the devolved administrations
offer opportunities — because of their size and focus —
for innovative approaches, which can be of broader interest.
HSE and LAs have already initiated partnerships or projects with
a broad range of stakeholders and intend to continue to develop
this approach in a structured way. Joint projects have been developed
to tackle priority sectors and topics in an integrated way under
the strategic programme with LAs; this has involved detailed planning
of the resource contribution that HSE and LAs can make. HSE and
LAs are also working together on other issues and initiatives,
including the development of standards in the local authority
and jointly enforced sectors.
HSC&E's broad risk priorities are the same for
England, Scotland and Wales but there is a commitment to tackle
them in ways which meet the needs of the economies, communities
and cultures in devolved areas. Local and regional partnerships
help to do that. HSE intends to be more involved in joint planning
to understand better and manage expectations and the resources
that are available across a range of stakeholders; and to deliver
defined outcomes based on the evidence.
HSE in Scotland is exploring if better stakeholder
engagement can be secured by establishing a group of key stakeholders
with an interest in health and safety whose aim will be to ensure
the delivery of the HSC's workplace strategy in an efficient and
effective manner, based upon the evidence of risk. It will also
play a full part in the development of the Scottish Executive's
"Healthy Working Lives" initiative, which aims to deliver
an integrated approach to improving the health of the working
age population.
HSE in Wales has developed good working relationships
with the Welsh Assembly Government, the Welsh Local Government
Association, and others who can make a difference to health and
safety performance in Wales. Joint initiatives and projects are
in progress, for example a Manual Handling Passport scheme for
those engaged in the health care sector has been developed.
HSE in London, recognising the city's distinct and
complex identity, has taken substantial steps here too to build
partnerships and deliver an integrated approach.
CHANGING WORLD OF WORK
The Committee recommends the HSE adopts a more
proactive approach to enforcement action towards employers who
disproportionately rely on temporary agency workers. (Paragraph
98)
The Government is satisfied that HSC's Enforcement
Policy Statement and HSE's approach to proactive enforcement are
already determined by a range of risk factors of which the status
of workers is just one part.
HSC has considered the question of agency, and similar,
workers and concluded that health and safety legislation provides
them with equal and adequate protection.
In accordance with HSC's Enforcement Policy Statement,
enforcement action is generally focused on the duty holders who
are responsible for the risk, and who are best placed to control
it. In most cases this is the duty holder in whose business the
work is being carried out.
The employment of large numbers of agency or temporary
workers does not automatically mean that health and safety management
is inadequate, or that the workers are more at risk.
However, during visits to businesses supplying or
hiring agency workers, HSE makes it clear to those involved that
their duties include taking whatever action is required to ensure
the health and safety of both agency and non-agency workers.
To assist such employers further, HSE is preparing
information and guidance for employment businesses, hirers and
agency workers, which is expected to be available on the HSE website
later this year.
We recommend that, for all its major procurement
contracts, the Government sets a good example and only buys from
suppliers who have proved to the Government that they comply with
UK health and safety legislation and who have satisfactory health
and safety procedures and practices in place. (Paragraph 105)
The Government believes that procurement is an effective
route through which to improve health and safety standards and
has asked a Ministerial Task Force, set up to oversee a programme
for establishing government as an exemplar of health and safety,
to implement this recommendation.
More specifically, HSE's Construction Programme has
worked with the Office of Government Commerce to produce procurement
guidance for construction projects commissioned by Government.
The guidance takes account of the health and safety performance
of all those involved in the procurement chain. Lessons learnt
from the construction experiences will assist in developing guidelines
for other areas of procurement.
As a result of the recent review of Employers' Liability
Compulsory Insurance (ELCI), the Government produced a new procurement
guidance for Government Departments in April 2004. The aim is
to ensure that all bodies that contract with the public sector
have valid ELCI insurance.
The Committee is seriously concerned at the level
of risk to which migrant workers are currently exposed. We recommend
that urgent research is needed to improve our understanding of
the occupational health and safety risks faced by migrant workers
so that a targeted strategy to manage those risks for this particularly
vulnerable group can be effectively implemented as soon as possible.
(Paragraph 111)
The Government shares the Committee's concern and
has already recognized the need for more evidence in this area.
It notes that HSC has asked HSE to undertake a programme of work
to determine whether - and to what extent - migrant workers are
at significantly greater risk than other categories of worker.
The composition of the work programme, which includes a significant
research element, was endorsed by HSC in June this year. Proposals
on how best to take this research forward are currently being
considered, alongside an evaluation of what HSE is already doing
to identify and address the needs of migrant workers. An interim
report on progress is due to be made to HSC in December. In the
light of the findings, HSC will consider how it can most effectively
help to safeguard the health and safety of migrant workers.
As regards the Gangmaster (Licensing) Act, HSC will
work with the Government, particularly Department for Environment,
Food and Rural Affairs, on the supporting regulations to ensure
that migrant workers are not exploited, nor their health and safety
put at risk.
The Committee is concerned that there does not
appear to be an all-embracing strategy to address the changing
world of work and recommends that such a strategy must be developed
as a matter of urgency. This should include, in particular, measures
to reduce the health and safety risks faced by agency workers
and migrant workers. By 31 December 2005, clear, comprehensive
and appropriate guidance should be published by the HSC/E on health
and safety where the workplace is a private home. In particular,
and more urgently, local authorities should issue guidance on
the Employer's Liability (Compulsory Insurance) Act 1969 to those
employing carers directly in their own homes, and assist in arranging
appropriate cover. (Paragraph 120)
Earlier this year, the Government endorsed an all-embracing
strategy - HSC's workplace strategy - which recognised as its
principal challenge the modern and changing world of work. This
strategy has been welcomed by a broad range of stakeholders and
the Government sees no need to revise that strategy at this time.
HSC's strategy is for the health and safety system
as a whole, and is based in part on an analysis of how the world
of work has and continues to change. It sets out clearly how
HSC&E should discharge their responsibilities, but does not,
by its very nature, include policies about protecting specific
groups of workers. The Government's position on agency and migrant
workers is set out in its responses to recommendations 11 and
13.
It is not appropriate for HSC or HSE to publish guidance
on care workers employed by private householders under direct
payments scheme, because in most cases, neither the worker nor
the private householder will owe duties under Health and Safety
at Work Act (HSWA) by virtue of s51, nor will the local authority
owe a s3 HSWA duty to the worker. However, in 2003 the Government
(the Department of Health) published Direct Payments Guidance,
aimed at assisting local councils in making direct payments.
This guidance includes a section on health and safety and makes
reference to HSE's general guidance Handling Home Care.
INSPECTION AND ENFORCEMENT
The evidence supports the view that it is inspection,
backed by enforcement that is most effective in motivating duty
holders to comply with their responsibilities under health
and safety law. We therefore recommend that the HSE should not
proceed with the proposal to shift resources from inspection
and enforcement to fund an increase in education, information
and advice. (Paragraph 142)
The Government is satisfied that HSE has no proposals
to shift resources in the way described in the recommendation.
Further, the Government will continue to support HSE as it maintains
its balanced mix of advice and persuasion, enforcement and business
incentives, and continues to evaluate them to ensure their efficiency
and effectiveness
The discussion paper referred to at paragraph 131
of the Committee's Report was one of many contributions, from
within HSE and beyond, to the consultation and debate that informed
the development of HSC's workplace strategy. The Government accepts
the Committee's conclusion in paragraph 141 that there is not
a simplistic either/or choice as to whether to emphasise guidance
or enforcement in policies for achieving compliance. They both
have their place and it is a question of determining the best
mix with the resources that are available.
The Government also recognises that there is good
evidence of the effect of the mature techniques such as inspection
and enforcement, and that these should remain at the heart of
HSE's approach. However, there is a developing body of evidence,
presented to the Committee , that other forms of intervention
also make an impact, particularly when backed by programmes of
inspection. The Government fully supports HSC's workplace strategy
which, in aiming to develop and deploy a broader range of intervention
techniques, drew upon this evidence and upon the responses of
a very wide range of consultees. It also notes that HSC is seeking
views on the best mix of interventions to adopt via the discussion
document referred to under Recommendation 9.
The Committee is concerned both at the low level
of incidents investigated and at the low level of proactive inspections
and recommends that resources for both are increased (see paragraph
82). (Paragraph 150)
The Government welcomes the work that HSE is doing
to improve both the effectiveness and efficiency of its interventions.
These measures will result in more time being available for proactive
activities, as well as reactive work being completed more efficiently.
HSC has consulted on the criteria which should be
used by HSE to select incidents for investigation and these have
been applied since April 2001. The introduction of these criteria,
together with the increasingly complex investigation procedures
required, has resulted in the time spent on investigations (reactive
work) increasing from 30 per cent in 1997/98 to 50 per cent in
2002/03. HSC's view is that this balance is wrong as HSC&E's
primary aim is prevention, and that HSE should be aiming to reduce
the figure for reactive work to 40 per cent. The Government supports
this view.
In 2003, HSE took action to streamline and improve
its investigation procedures and to pilot revised incident selection
criteria. The revised criteria aim to target better the selection
of incidents to those resulting in the most serious harm and to
those arising from the hazards that cause the greatest number
of injuries. The pilot was completed at the end of June 2004
and is currently being evaluated. A report will be made to the
HSC by end of 2004.
The Government, in line with HSC's workplace strategy,
recognises the importance of proactive inspections being prioritised
and targeted at those organisations which have the worst records
in health and safety. The discussion document on an interventions
strategy, referred to under Recommendation 9, explores the case
for identifying areas where HSE and LAs will be less proactive
with better performers. However, where inspections are undertaken
they will - as now - be targeted at those workplaces where they
will have the greatest impact.
Many HSE staff, other than inspectors, are employed
in frontline activities and they make an important contribution
to meeting HSE's operational objectives. A set of initiatives
is currently being implemented to broaden the range of such staff
and to increase operational productivity. For instance, exercises
are under way to increase through internal recruitment the number
of Health and Safety Awareness Officers (HSAOs) to around 90,
and to recruit an additional 18 inspectors which would maintain
FOD's operational inspector numbers at around 500.
All frontline staff will continue to work closely
together. For example, in contacting new premises to provide
advice and raise awareness, HSAOs will be responsible for identifying
those businesses which merit/require full inspection, by an inspector.
In addition, a range of efficiency measures is in train to improve
productivity levels and to increase the proportion of HSE's workforce
in frontline roles. The supplementary information submitted to
the Committee by HSC&E following oral evidence contains further
information about the role of HSAOs and about the efficiency improvements
being introduced in FOD.
The Committee believes that before adopting a
policy of reduced inspection for employers with an established
record of good practice, there is a need for clear and thorough
evidence-based analysis to ensure that the reduction does not
lead to negative outcomes such as improper pressures to achieve
a reduction in accident reporting. (Paragraph 153)
The Government agrees with the Committee's view.
The discussion document on an interventions strategy referred
to under recommendation 9, explores the case for identifying areas
where HSE and LAs will be less proactive with better performers.
It invites views as to whether HSE and LAs should give public
recognition for good practice and performance, and the criteria
that could be used for assessment. The discussion document refers
explicitly to the Committee's recommendation. The Government
agrees that stakeholders should be content that any scheme allowing
organisations to be subject to less proactive intervention, will
not jeopardise health and safety, for example by distorting incident
reporting. Piloting and evaluation will be undertaken to validate
any proposals.
PROSECUTION
Given the HSE's limited resources, if safety representatives
were empowered to enforce health and safety law in the workplace,
we believe this would have a powerful effect in improving standards.
We also believe this power to take action, should include not
just criminal prosecutions but also improvement and prohibition
notices, subject to the usual right of appeal to the Employment
Tribunal and as to terms on legal costs. (Paragraph 176)
The Government believes that safety representatives
and the employees they represent make a vital contribution to
maintaining and improving health and safety.
It remains of the view that empowering safety representatives
to enforce occupational health and safety law in the workplace
would not lead to improved standards. The correct balance needs
to be struck between rights and responsibilities, and the role
of safety representatives should remain focused on representing
employees within their constituencies. They should continue to
do this by exercising their existing legislative functions to
ensure that the risks faced by these employees are properly controlled.
A shift in the focus for safety representatives away
from representation towards a quasi inspectorial role could well
harm and undermine their relationship with the employees they
represent and would have no lasting benefit on enforcement generally.
It could also have an adverse impact on their relationship with
the employer.
The process of enforcement must be seen to be fair,
independent and in line with the published HSC Enforcement Policy
Statement, and it must have the confidence of all parties. This
requires professionally-trained health and safety inspectors who
are independent of the interests in any particular case. This
is vital given that in especially-serious cases health and safety
prosecutions may need to be brought against any party, including
not just employers, manufacturers or suppliers but also sometimes
employees.
The Committee recommends that the Government identifies
resources to build on the success of its pilot of a new prosecution
model. (Paragraph 177)
The Government also welcomes the success of this
pilot. Following the Government response to the ETR Select Committee
in 2000 (which said it was reviewing arrangements), the pilot
was developed and ran from September 2001 to the end of 2002.
Based on this experience, the final report concluded
that independent legal oversight was not necessary for all HSE
prosecution cases. The option of full roll-out was evaluated in
the context of prioritising and making most efficient use of HSE's
resources.
As a consequence of this evaluation, a prosecution
improvement project was initiated. This has been taken forward
on three main fronts:
o defining and prioritising the most serious
legal work. These cases are to be managed by HSE's Solicitor's
Office, resourcing it to deliver this additional work load;
o improving the management of solicitor agents
(instructed to handle other complex or difficult cases)
o improving operational procedures, and providing
appropriate advice and guidance to operational staff.
This is a logical and efficient segmentation of work
based on its seriousness and implications. The Government currently
intends to continue with this approach and evaluate its effectiveness
before considering any further changes.
The Committee recommends that maximum penalties
should be increased by means of a Bill in the next session of
Parliament and further recommends that proposals to introduce
alternative and innovative penalties in addition to those already
available to the courts should be examined and the reasoned conclusions
thereof published by 1 May 2005. (Paragraph 182)
The Government will introduce proposals for increased
penalties for health and safety offences through the appropriate
legislative procedure.
The Government wishes to see enforcement improved,
coherent and effective. It believes that alternative and innovative
penalties could have a role to play in this but only as part of
a wider overall approach to improving enforcement.
The HSC is now evaluating its Enforcement Policy
Statement. The work it conducted on Action Point 9 of Revitalising
Health and Safety on
innovative penalties, together with further options
on alternative approaches, will feed into this evaluation. This
is a detailed and comprehensive evaluation with the outcome being
a revised Enforcement Policy Statement in September 2007.
INSPECTION AND ENFORCEMENT BY OTHER AGENCIES
The Committee recommends that HSE undertakes and
publishes by 1 October 2005 a thorough audit of the performance
of local authorities. The Committee further recommends that additional
powers should be made available to allow HSC/E to take actions
against any local authority manifestly failing in its duty of
enforcing health and safety regulations. (Paragraph 198)
The Government accepts the Committee's conclusions
on the need for consistency of enforcement, both between HSE and
LAs and across all LAs but does not see the need for an audit
of the type proposed to achieve that goal. These conclusions,
and more generally the Committee's analysis of LAs as enforcers,
are consistent with the outcomes of the extensive consultation
on these issues, which HSC undertook in developing its workplace
strategy.
The Government accepts and supports the proposals
in this strategy, which aim to develop the role and performance
of LAs as enforcing authorities. HSC, with the strong support
of local government institutions, is working to establish a new
partnership between HSE and LAs, which will make the best use
of their combined resources in tackling agreed priorities, national,
regional and local, for improving health and safety. To this
end HSC, the local government institutions and HSE have recently
agreed a "Statement of Intent", committing themselves
to establishing the partnership and spelling out its characteristics.
The Programme includes joint action to review the arrangements
for providing assurance as to the performance of the enforcement
partners - through an equitable process for audit and review.
LAs' performance of their health and safety enforcement
responsibilities is currently subject to evaluation. In addition
to assessing the information from annual returns by LAs, HSE has
conducted some 30 audits on behalf of HSC, and collected over
100 audit reports and actions plans from LAs' inter-authority
audits, producing a comprehensive picture of LA performance.
The Programme is also seeking to review and improve
the support provided to LAs by HSE, which will further contribute
to achieving consistency of targeting regulatory work and the
application of the law. DWP has oversight of the Programme through
senior membership of HSE's Delivery Board, and will keep the outcomes
under review, including the need for more formal powers in respect
of LAs' performance as enforcing authorities.
The Committee recommends that the Department by
1 October 2005 reviews its strategies to ensure national consistency
and rigour in enforcement of health and safety regulations throughout
Great Britain. If this review finds substantial support for current
criticisms, it is further recommended that the demarcation of
enforcement activity between HSE, local authorities and other
enforcement agencies be examined, the case for a unified health
and safety enforcement authority investigated and the reasoned
conclusions thereof be published by 1 October 2006. (Paragraph
204)
The Government has asked Philip Hampton to conduct
a review of regulatory inspection and enforcement. He expects
to consult on his emerging findings in winter 2004-2005, and these
will need to be taken into consideration. In addition, HSC consulted
widely on its approach to enforcement by LAs and does not see
the need for further examination of the case for a unified inspectorate
at this stage. Subject to those considerations, the Government
supports the current approach by HSC and Local Government to addressing
these issues through a strategic partnership.
The Programme which has been set up to develop the
partnership does include a review of current arrangements for
monitoring and auditing the work of the enforcing authorities,
and of demarcation of responsibilities between HSE and LAs. And
the evidence-based interventions strategy (referred in response
to recommendation 9) will apply to HSE and LAs jointly, and will
further help achieve consistency of approach.
INFORMATION AND ADVICE
The Committee recommends that resources should
be allocated to enable all key HSE publications to be made available
free of charge on the Internet. (Paragraph 216)
The Government supports the view that the key information
and advice, published by HSE, should be widely accessible and
paragraph 216 of the report notes the extent to which this is
already happening.
The Government notes HSE's commitment to making more
information available on the Internet and the current examination
of its pricing policy aimed at achieving this without incurring
business detriment. As part of this review the Government will
ask HSE to consider the Committee's recommendation.
The Government will wish to see the conclusions of
this review before considering any further action.
WORK RELATED ROAD SAFETY
The Committee recommends that the HSE is provided
with the necessary resources to enable it to enforce effectively
its existing guidance on work-related road safety, particularly
in relation to preventative measures. (Paragraph 224)
The guidance referred to is the leaflet Driving at
work, published jointly by Department for Transport and HSE in
September 2003 in response to a recommendation of the independent
Work-related Road Safety Task Group led by Richard Dykes. The
guidance provides information about the standards expected of
an employer in sensibly managing work-related road risks and seeks
to illustrate good practice. Following it is not compulsory and
employers are free to take other action to ensure that these risks
are sensibly managed.
The question of formal enforcement of the guidance
does not arise, but its provisions are promoted actively through
a range of national, local authority, and police networks.
The Committee recommends that at-work road traffic
incidents should be required to be reported pursuant to RIDDOR.
(Paragraph 226)
The Government notes that this recommendation, which
was also one made by the Work-related Road Safety Task Group,
is already being considered as part of a wider HSE review of RIDDOR
that is currently taking place. This review, which will include
gathering public views through publication of a discussion document,
will report to the Commission in autumn 2005.
The Committee recommends that, by 1 October 2005
the HSC/E should carry out a review of the case for an ACoP
on work-related road safety, and publish its reasoned conclusions.
(Paragraph 228)
The Driving at work leaflet is but a year old, and
the Government considers that next year will be too early to make
a judgement on the need for an Approved Code of Practice. Moreover,
data on work-related road incidents will only start to be collected
under the revised road traffic incident form from 1 January 2005.
It will be some time before trends emerge to enable conclusions
to be drawn on the desirability of new interventions. In any
event, the Government recognises that, in line with the HSC's
workplace strategy, work-related road safety is not a priority
area for HSE.
CONSULTATION WITH EMPLOYEES
The Committee recommends that, by 1 October 2005,
HSC publishes proposals to develop improved rights to consultation
for employees, particularly in non-unionised workplaces, including
rights of enforcement through its Employment Tribunal and private
prosecution routes. (Paragraph 241)
The Government believes that high standards of occupational
health and safety will be achieved only with appropriate arrangements
on worker involvement and consultation in place in all workplaces.
HSC, in its workplace strategy, recognises this and is fully committed
to taking forward voluntary, evidence-based measures to promote
more active involvement, particularly in workplaces lacking such
arrangements, as a matter of priority.
The Government considers the current legislation
concerning worker involvement and consultation on health and safety
is adequate and does not believe that further legislation including
new rights on enforcement, to be either beneficial or likely to
attract the necessary wide-ranging stakeholder support to be effective.
The Workers' Safety Adviser (WSA) Challenge Fund
is one voluntary measure promoting more active involvement. This
grant scheme was created as a result of a successful pilot and
is aimed at small and non-unionised workplaces. It will explore
in more detail and across a wide variety of projects, sectors
and geographical locations, the sustainability of using WSAs for
producing improvements in consultation and managing health and
safety. It is offering £3 million over three years for a
diverse range of schemes. The aim is to demonstrate that WSAs
are an effective change agent and lead to new partnerships being
established. The Government is watching progress with close interest.
The Government notes a further and vital measure
is for HSE and LAs to look at what practical steps they can take
to get more workers better involved. Although their discussions
on the right approach to this are at an early stage, HSE has already
outlined a set of intervention strategies to be developed with
LAs and these include working with safety representatives, trade
unions and other organisations representing workers.
The Government and HSC have a key role to play in
working with other stakeholders, including employers, business
and the trade unions, to promote and encourage genuine partnership
on occupational health and safety in the workplace. HSC has already
published preliminary evidence in the form of case studies and
research to show the business and social benefits of worker involvement
in health and safety. This information base will be developed
further in the coming years to contribute not only evidence about
the social and economic benefits of worker involvement but also
practical advice for all of the partners on best methods to achieve
the goal.
OCCUPATIONAL HEALTH SUPPORT
The Committee is disappointed at the plans and
progress to date to establish national cover of occupational health
services. It recommends that this is given higher priority than
it has received to date and that HSC/E is provided with the necessary
resources to enable it to make progress towards the 2010 targets
on occupational health. (Paragraph 251)
The Government recognises improving occupational
health as a key priority area, as does HSC's workplace strategy,
but it also realises that progress in achieving improvements in
occupational health will inevitably not be quick given the complexities
involved and lack of reliable evidence base for innovative interventions.
In addition to the three pilots, details of which
were given to the Committee in oral evidence by the Minister for
Work, funding of £20M spread over three years has been allocated
for further pilots to test the impact of the model for delivering
occupational health and safety support.
Evaluation of these pilots will provide essential
information to identify best practice in changing behavior and
establish the financial models necessary to provide a sustainable
scheme with national coverage. This would provide Government and
employers with the evidence base for what works, how the evidence
can be used to develop future services and the benefits of further
investment to roll out support provision across the country.
HSE'S work on Occupational Health Support is also
a key element of the DWP commitment to produce a framework for
Vocational Rehabilitation by the end of October 2004. This Framework
will be a first step towards developing a new approach to vocational
rehabilitation in the United Kingdom which will provide the support
required to enable individuals who are sick or injured, or people
with a disability, access to remain in or return to employment.
The Committee recommends that the HSC should,
by 1 October 2005, develop and publish an Approved Code of Practice
defining the standards of competence employers are required to
use to ensure they comply with health and safety requirements.
(Paragraph 253)
The Government shares the Committee's view on the
central importance of competence but does not consider that a
specific Approved Code of Practice on competence, as recommended,
is necessary. HSE has already published general advice and guidance
on competence, including information within the Management of
health and safety at work Approved Code of Practice & Guidance.
This is supplemented by the free HSE leaflet Need Help on Health
and Safety, which gives guidance on when a business needs to seek
outside competent help and explains the help that different health
and safety specialists can give.
Two other HSE publications provide more detailed
advice:
o Successful Health and Safety Management, sets
out advice on good arrangements for competence; and
o Comprehensive advice on developing, setting
up and maintaining a Competence Management System is given in
Railway Safety Principles and Guidance, Part 3, Section A, Developing
and maintaining staff competence.
Also, information on competence requirements for
particular industries can be found in various other HSE publications.
Employees do not want to talk about their health
problem with their employer if they are potentially work threatening.
There is a need for third party advice for both employees and
employers. We endorse the suggestion of NHS Plus that the NHS
is ideally placed to fill this role. This does not mean that they
would provide all the service, but they could "serve as honest
broker". (Paragraph 254)
The Government recognises that there are occasions
when employees do not feel able to talk to their employers about
factors affecting their health, and HSE is exploring two ways
of helping. The first is by testing proposals for an occupational
health and safety support system. This would provide access to
a 'problem solver' who can give independent advice on work-related
issues to both workers and employers.
The second is an initiative to encourage greater
worker involvement in identifying and tackling work-related health
and safety problems. The people best placed to make workplaces
safer from harm are the staff and managers who work in them.
They do this best by working together and the outcome of cooperation
should be a greater willingness to share concerns about potential
problems.
In the occupational health and safety support pilots
referred to in response to recommendation 28, NHS Plus may have
an important role to play as a provider where capacity is available
and it operates with the range of skills needed to tackle modern
work-related health issues. The recommendation will be considered
as part of the work to develop the support system.
OCCUPATIONAL HEALTH
The Committee welcomes steps being taken by HSE
to improve our understanding of the nature and extent of the problem
of workplace ill-health. (Paragraph 259)
The Government also welcomes the steps taken by HSE.
It believes that improved awareness and understanding may also
be leading to increased preparedness on behalf of employers and
individuals to report work related ill-health conditions.
The Committee shares HSC's concern that there
is a 'huge job' to do on health. It is concerned, therefore, that
a reduction in HSE's in-house expertise has raised major questions
as to its capacity to show leadership on the issue. We recommend
the Government reviews the resources available for this work to
enable the HSE to fulfil this growing role. (Paragraph 266)
The Government considers that HSC&E have already
shown leadership in making work-related health a high priority
and the focus of one of its strategic programmes. It also considers
that the approach being taken by HSE to resourcing in this field
is appropriate.
Improving occupational health is not necessarily
about providing more doctors and nurses. To tackle occupational
health successfully needs a multi-disciplinary approach using
a wide range of skills. The challenges being addressed are much
wider than occupational medicine and include the key priorities
of work-related stress and musculoskeletal diseases.
While in the past having a Chief Medical Adviser
helped HSE raise the profile of occupational health, there are
now other ways by which this can be achieved. HSE is currently
exploring how best to tap into the available expertise including
that available in DWP. It is most important that HSE has access
to the whole range of skills it needs to do the job it has identified
- not providing the service but offering support and guidance
to others.
Over the period 1997-2004, HSE has increased its
specialist resource by fourteen full-time equivalent posts to
deal with these and related areas.
HSE has recognised that it needs to make the most
effective use of its resources. It has undertaken a review of
its scientific and technical resources. As a result, it is introducing
some structural change with the formation of the Corporate Medical
Unit and is looking at more flexible arrangements for deploying
its technical specialists, piloting the pooling of groups of topic
specialists. Arrangements are also being made to fill any gaps
in capacity, particularly in the field of human factors, identified
by the review.
The Committee recommends that inspectors should
have the resources that they need to be able to identify health
issues, recommend remedial action to be taken by employers and
define satisfactory outcome measures. Resources are also required
to enable proactive research work to be done on combating newly
emerging risks, like passive smoking. The risk assessment criteria
should be reviewed to ensure they are able to identify workplaces
where occupational health risks are high. The results of this
review should be published by 1 October 2005. (Paragraph 277)
The Government accepts the Committee's recommendation
concerning the actions by inspectors in relation to health issues.
Whilst inspectors have dealt with issues like asbestos and silica
for many years, two of the eight areas for priority action, which
were identified in response to the Revitalising Health and Safety
Strategy Statement, were the emergent issues of stress and musculoskeletal
disorders. Specific guidance and training has been developed for
HSE and LA inspectors on these topics, as well as on other health
issues, such as noise and hand arm vibration. Such guidance includes
the standards that should be achieved for each health issue, as
well as advice on the enforcement action which should be taken.
Specialist support is available for all these topics, although
HSE is taking steps to augment that support in certain key areas,
such as industrial psychology and ergonomics.
The Government accepts the important role that research
can play to determine and tackle health and safety risks. HSE
sponsors a wide range of research to help deliver its strategic
business priorities, which currently accounts for an annual spend
of about 6 per cent of its grant-in-aid. One important aspect
of this work is to identify and characterise emerging issues with
significant implications for occupational health and safety.
The inspection rating scheme used by HSE and LA inspectors
includes a health risk rating, which describes how far the duty
holder operates from an acceptable standard of compliance and
the residual risk to health thereby created. Therefore, inspectors
are able to identify those workplaces where occupational health
risks are high and the Government does not accept that a review
is necessary.
The Committee recommends that the Government reviews
the experience of the ban on smoking in the workplace recently
introduced in Ireland. Measures to deal with passive smoking
in the workplace should be included in the forthcoming White Paper
on improving health. (Paragraph 278)
The Government issued a consultative document (Choosing
Health) on 3 March this year that included questions seeking views
on whether the Government should pass a law to make all enclosed
workplaces and public places smoke free. The consultation ran
for nearly four months, ending on 28 June. The Government will
announce its conclusions in a White Paper in due course. In Scotland
a consultation on smoking in public was launched in January 2004
as part of the Scottish Executive's tobacco control action plan.
It ended on 30 September 2004 and Ministers are expected to announce
their decision before the end of the year.
In the meantime, the Government wants to see better
and more rapid progress in extending the number of smoke-free
places on a voluntary basis.
The Committee recommends that HSC reviews international
evidence on the efficacy of requiring employers to set out their
approach to, and provision of, rehabilitation to determine whether
lessons can be learned and introduced in the UK The results of
the review to be published by 1 October 2005. (Paragraph 286)
The Government is persuaded of the need to provide
leadership to help establish a new approach to rehabilitation
within the UK. As a first step the Government will develop and
publish a Framework for Vocational Rehabilitation, planned for
end of October 2004.
HSE has developed a voluntary best-practice approach,
based upon research, and extensive consultations with experts
and practitioners. This approach is intended to help employers
and managers, in partnership with their employees and their representatives,
to manage proactively long-term sickness-absence and help those
who are off work sick, whatever the cause, to return to work.
HSE's approach at present is to encourage voluntary
action. As a case for new legal duties would require evidence
that the voluntary approach has not improved matters, this approach
will be monitored to help establish whether a statutory requirement
is needed. The HSE will review the international evidence recommended
by the Committee when it weighs up all the evidence before deciding
on the next steps.
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