HSE update & enforcement

HSE update 2008

Joint meeting with
South Cumbria IOSH District

Speaker: Clint Backhouse,
Principal Inspector, HSE, Carlisle

Following the AGM, Martin Fishwick, Chairman, invited Clint Backhouse to give us an Update on HSE Activities. Clint said that he would cover the topic in three parts:
- Current Issues including HSE organisational changes
- The HSE Simplification Plan and
- HSE Work Priorities
He also mentioned that this was a "dry run" for a similar talk to North Cumbria IOSH District.

HSE Organisational changes
Clint explained that the Health & Safety Commission (HSC), has now been absorbed into the Health & Safety Executive (HSE). Judith Hackitt, has been appointed as Chair of the Board of Non Executive Directors and Geoffrey Podger, the Chief Executive, is Chair of the Senior Management Team and that HSE Policy staff currently based in London are due to relocate to Bootle.

The Hampton Report on regulatory inspections and enforcements, 2005 called for:
- Better regulation
- Reduced burdens
- Improved outcomes and
- A "One in; One out" policy for regulations.

In practice, together with the Task Force report, this means that 62 regulatory bodies are being reduced to seven, and that HSE has absorbed responsibility for bodies such as those overseeing the Coal Industry, Engineering, Electrical industries, Adventure Activities and the Gangmasters’ Licensing Authorities.

Clint also explained that there are proposals to:
- Increase and change available penalties
- Improve Regulatory Impact Assessments
- Target HSE inspections on a risk basis and
- Reduce administration and paperwork.
A new complaints handling system is also being piloted.

The HSE Simplification Plan
Clint explained that this was introduced in late 2006, to deliver better, smarter legislation to help businesses comply with H & S regulations, and thereby achieve improved health and safety in the workplace. HSE is committed to improving workplace health and safety, to supporting the government, and to demonstrating public accountability. This also includes better guidance for businesses. Clint then detailed the key initiatives within the HSE Simplification Plan.

Sensible Risk Management
- Aims to simplify HSE guidance and achieve better compliance.
- Like the HSE, businesses are encouraged to apply proportionate risk assessment and management.
- Significant savings are estimated, but this does not apply to all the initiatives to the same degree.

Regulations and HSE requirements currently under review
- The Gas Safety Regulations: under review; including requirements on landlords.
- Reducing HSE forms; there are three projects looking at ways of reducing HSE form filling requirements.
- LOLER & PUWER: to be reviewed; improved guidance on inspection requirements is planned.
- Information for Employees poster: alternative presentation of this information will be examined; leaflets may be issued instead of using posters. - Consolidation of Construction Regulations; significant savings are anticipated from simplifying the means of checking competence of contractors; a main plank of the newly revised CDM Regulations.
- COSHH: it is intended to rationalise the guidance, make it more accessible and to provide "how to" information (presumably on the "good practice" theme).

Other HSE initiatives
- Targeted enforcement with the right penalties
- Better advice and support, particularly for small and medium sized businesses (SMEs)
- Efficient mergers with other regulators
- Influence within the EU
- Partnerships with stakeholders: Local Authorities (LAs), businesses, duty holders, trade associations and trade unions.
- Construction: possible integration of CDM with the planning and building control systems
- Review of the H & S Policy Document and associated H & S arrangements, to avoid duplication
- Clarification of the Manual Handling Regulations: to ensure that workers know load weights, without excessive labelling
- Review of the requirement to label drinking water (possibly by labelling water not fit to drink instead).

HSE Inspection Work priorities
For the third part of his presentation, Clint went into inspection work priorities in some detail, explaining that earlier HSE initiatives: Revitalising H & S (R H & S) and now Fit for Work Fit for Life and Fit for Tomorrow (FIT3) had launched the idea of targeted HSE inspection and enforcement, unless there were other obvious significant risks. Clint mentioned that Work at Height and Transport were still major causes of workplace fatalities.

For 2007/08, HSE targeted campaigns included: Slips, Trips and Falls, Ladders, Moving Goods Safely (including transport, trailers, loading and unloading, manual handling, stacking), site transport, contract cleaning, dermatitis, better backs and waste and recycling. As part of the Disease Reduction Programme, attention was directed to building materials, isocyanates, metalworking fluids, soldering, motor vehicle repair, woodworking, and asbestos (duty to manage). Other areas were migrant workers, ammonium nitrate storage, fairgrounds, agriculture and forestry, noise and vibration, and stress.

For 2008/09, Clint indicated that many of the above topics will be carried forward, but with some additions and inclusion of specific sectors, which he then detailed. Within the Injury Reduction Programme (the partner to the DRP), are included Falls from Height, in plant maintenance, food manufacture and retail, slips and trips in floor cleaning, hotels and catering, education, care homes, introduction of the routemap for transport safety, noise in music and entertainment (now within the legislation), better H&S management in waste/recycling (a problem area), furniture and woodworking, dermatitis in printing, metalworking, dental and health care, cancer and respiratory disease in manufacturing, plus LEV standards, Muscular Skeletal Disorders (MSDs) and Upper Limb Disorders (ULDs); stress in the NHS, LAs, education, public sector, and social care. Other projects concern poultry, vulnerable workers in fairgrounds, gas safety, product safety, silica in quarries, and legionalla. Clint also mentioned "as and when" interventions, ie inspections without notice.

Clint finished by explaining that HSE Inspectors have flexibility to carry out inspections where there are matters of evident concern or potential major concern, defined in HSE Operations Circular OC 18/12. Examples given related to potential fire and explosion, employee health issues, hazardous structures, poor construction practices, COMAH, pressure vessels, underground LPG (eg factors identified by the Glasgow factory explosion). Clint also reminded us about potential implications of the Corporate Manslaughter Act (the topic for our 15th May meeting starting at 1.30).

After questions, Clint was warmly thanked by our Chairman, Martin Fishwick.

Martin then closed the meeting, which was followed by a Committee meeting

HSE update 2007
(Information provided by Steve Smith, Principal Inspector, HSE Carlisle at our meeting in April 2007)

HSE key topics 2000 to 2010

Fit 3….for work, for life, for tomorrow
see also www.hse.gov.uk for up-to-date H & S information (including H & S myths!)

HSE Targets (2000-2010)
10% reduction in fatal and majors, 20% in ill-health,
30% in days lost

Workplace visits focussing on:
-Slips and Trips - Workplace Transport, Falls from Height, Construction
- Stress, Musculoskeletal Disorders (MSDs), Disease Reduction, Noise and Hand Arm Vibration (HAV)

HSE targets 2000 to 2007
Fatals/Injuries: 5% target not met; no change in the fatal and major injury rate
Ill health: 10% target probably met; incidence rate down 8-23%
Days lost: 15% target possibly met; days lost per worker down 3-23%

Projects 07-08….Safety
– FFH/S&T
– Ladders week (June/July 07)
– Moving Goods Safely(delivery/collection, audits, small hauliers, trailer manufactures, falls from vehicles)
– Workplace transport
– Better Backs (Jan/Feb 2008)
– Safe Interventions

Projects 07-08….Health…DRP
– Respiratory illness: brick making,
spray painting, soldering,
woodworking
– Respiratory illness & skin disease
from MWF
– Skin disease; contract cleaners,
dental practice, catering, construction
– Noise & Vibration
– Asbestos (DTM)
– Stress
– Smoke Free….

Recent changes in the LAW…
CDM 2007 (6 April 2007)…combined CDM and CHSW
– CDM Coordinator replaces
Planning Supervisor,
– competence,
– proportionate paperwork,
– simplify notification…

Enforcement…2005/6
Notices issued: 6383 – 25% decrease
HSE prosecuted: 1012 offences – 23% decrease
Convictions: 741 – 28% decrease
Average fines: £6219 (£29,997)

Enforcement…. Cumbria & North Lancs
– 10 Prosecutions
– 144 Notices

HSE Enforcement…principles…
• Proportionality
• Consistency
• Transparency
• Targeting

HSE Considerations before Prosecution
• Enforcement…principles…
• Evidential Test
- Reasonable doubt
- Sustainable information
- No sustainable defence
- Public Interest Test