Select Committee on Work and Pensions Fourth Report


CONCLUSIONS AND RECOMMENDATIONS

1.We recommend that, in context of Spending Review 2004, the HSE inspectorate be recognised as a front-line service and protected. (Paragraph 20)
  
2.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)
  
3.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)
  
4.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)
  
5.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)
  
6.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)
  
7.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)
  
8.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)
  
9. 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)
  
10.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)
  
11.The Committee recommends the HSE adopts a more proactive approach to enforcement action towards employers who disproportionately rely on temporary agency workers. (Paragraph 98)
  
12.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)
  
13.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)
  
14.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)
  
15.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)
  
16.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)
  
17.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)
  
18.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)
  
19.The Committee recommends that the Government identies resources to build on the success of its pilot of a new prosecution model. (Paragraph 177)
  
20.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)
  
21.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)
  
22.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)
  
23.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)
  
24.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)
  
25.The Committee recommends that at-work road traffic incidents should be required to be reported pursuant to RIDDOR. (Paragraph 226)
  
26.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)
  
27.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)
  
28.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)
  
29.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)
  
30.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)
  
31.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)
  
32.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)
  
33.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)
  
34.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)
  
35. 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)


 
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