SUMMARY
- 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 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)
- 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)
- 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)
- 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 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)
Other recommendations
- We recommend that, in context
of Spending Review 2004, the HSE inspectorate be recognised as
a front-line service and protected. (Paragraph 20)
- 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 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 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 Committee recommends that the Government
reconsiders its decision not to legislate on directors' duties
and brings forward proposals for prelegislative scrutiny in the
next session of Parliament. (Paragraph 60)
- 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 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 Committee recommends the HSE adopts a more
proactive approach to enforcement action towards employers who
disproportionately rely on temporary agency workers. (Paragraph
98)
- 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 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 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)
- 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 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 Committee recommends that the Government
identifies resources to build on the success of its pilot of a
new prosecution model. (Paragraph 177)
- 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 an 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 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 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 Committee recommends that resources should
be allocated to enable all key publications to be made available
free of charge on the internet. (Paragraph 216)
- 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 Committee recommends that at-work road traffic
incidents should be required to be reported pursuant to RIDDOR.
(Paragraph 226)
- 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 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 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 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)
- We endorse the suggestion of NHS Plus that the
NHS is ideally placed to provide third party occupational health
advice to employees and employers. This does not mean that they
would provide all the service, but they could "serve as honest
broker". (Paragraph 254)
- The Committee welcomes these steps to improve
our understanding of the nature and extent of the problem of workplace
ill-health. (Paragraph 259)
- 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 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 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)
|
|
