Further memorandum from the Health and
Safety Executive
I write to provide the additional information
requested by the Defence Committee on 7 July when I gave oral
evidence on behalf of the HSE.
Specifically, you requested:
1. A list of Armed Services fatal accidents
known to HSE and subsequent HSE action (Annex 1)
2. HSE records of contacts with the Armed
Services relating to weapons accidents and inspection of use of
hand weapons (Annex 2)
3. Information on HSE enforcement against
MoD—Crown Censures and Crown Notices (Annex 3)
4. Examples of HSE recommendations made to
MoD and MoD responses (Annex 4)
Interest was also expressed in the application
of European legislation to MoD. I am therefore also enclosing
a list of UK regulations based on Directives which include exemptions/disapplications
for the Armed Forces. (Annex 5)
Some brief remarks have been made in support
of each Annex to help establish the context.
In my evidence before the Committee on 7 July,
I may have given the impression that HSE had been informed by
MoD about the deaths of the four recruits at Deepcut Barracks.
I would like to make it clear that, as stated in HSE's written
evidence, we have no records that these deaths were notified to
HSE, though Surrey Police did contact HSE in 2002 to discuss an
element of their investigation. (See HSE Written Evidence para
42.) Apart from the MoD exemption in relation to RIDDOR, it is
possible that the deaths were not reported to us because there
was no apprehension at the time that they could be work-related.
Suicides and murders are not normally matters for HSE.
In response to a generally perceived need to
improve liaison between the various bodies involved in investigation
of work-related deaths, a Work-Related Death Protocol was agreed
in 1998. The protocol had the objective of ensuring coordination
and timely decision-making in the investigation of work-related
deaths between HSE, the police and other relevant bodies. The
protocol was revised in 2000 and inspection guidelines were published
in 2003. The police are concerned with potential non-safety serious
offences such as manslaughter while the HSE pursue investigation
of potential health and safety offences. I enclose a copy of the
2000 protocol and the guidelines.
The WRDP makes allowance for consultation as
to whether a death is work-related in cases of doubt. For example,
a recent apparent suicide at Catterick Garrison was directly notified
within 24 hours by the police to the appropriate HSE office and
HSE was able to advise on potential issues, such as stress, which
would be relevant to categorising the death as work-related. On
the basis of discussions with the police, it seems that this is
not a work-related death and HSE will not be involved in the investigation,
though the police will contact the HSE again if evidence to the
contrary emerges.
I would like to take this opportunity to draw
the Committee's attention to the developing sources of guidance
and support that will impact upon HSE's future role in supporting
the Armed Forces in meeting their "duty of care" to
recruits.
In the period since the first of the Deepcut
deaths, HSE has been developing an approach to helping organisations
deal with work-related stress. The publication of Stress Management
standards later this year will set in place a framework within
which all employers, including MoD can work to tackle stress effectively
across their workforce.
In the meantime, I have enclosed a copy of HSE's
existing guidance package and would draw your attention in particular
to paragraphs 70 to 72 in "Tackling work-related stress—a
manager's guide" which deal with Bullying and Harassment.
HSE has already discussed the matters arising
from the Surrey Police Deepcut Investigation with MoD, and will
continue to offer help and support in this area. HSE has also
contacted the Adult Learning Inspectorate with a view to sharing
information and developing a coordinated approach to working with
MoD on these issues.
In June, MoD agreed to institute a project on
setting new health and safety targets, as part of HSE's new "Government
Setting an Example" Programme. This programme aims to bring
health and safety management in public services into line with
the best of private sector employers. MoD has had some difficulty
in producing a valid dataset for Armed Service health and safety
statistics to compare with those for MoD civilian workers. However,
MoD is actively reviewing its systems for monitoring health and
safety performance. This is part of a current line of HSE work
with MoD, with a view to setting a baseline of performance for
the project. It is hoped that this exercise will help fill in
gaps in information available to HSE as a result of the disapplication
of the RIDDOR reporting requirements to service personnel on duty.
HSE would be happy to provide further information
on these or any other matters as the Committee requires.
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