We all agree that formal enforcement activity is a powerful tool for achieving major change in the management of risk and improvement in the protection of workers and others. Our proportionate use of enforcement powers underpins and amplifies the effect of many of our other actions. It is therefore vital that we have confidence and can demonstrate that we use our powers in a way which is fully consistent with the HSC Enforcement Policy Statement.
Health and safety at work involves all of us whether we are employers, employees or members of the public visiting workplaces like pubs, restaurants, hospitals and shops. It affects all lives as the estimated 6000 annual work-related cancer deaths, over 200 worker fatal injuries each year and 36 million days lost in 2006/07 due to work related ill health and workplace injury testify. HSE estimated that in 2001/02, the costs to Britain of workplace accidents and work-related ill health were up to £22.2 billion to the economy and up to £31.8 billion to society.
Evidence shows that LA officers are not over enforcing and where prosecutions are taken figures from 2005/6 show that LAs have a very high success rate. However, as part of the enforcement programme, an assessment of enforcement activity took place and showed that 75% of LA’s total enforcement activity was undertaken by only 25% of LAs.
As Joint Chairs of HELA we want to re-iterate that formal enforcement activity (serving notices and taking prosecutions) continues to play an essential part in helping to improve health and safety in Great Britain. Whilst we do not want to see enforcement for enforcement’s sake, or to set specific enforcement targets, we wish to make it clear that, in the exercise of discretion, we expect the principles set down in the Health and Safety Commission’s Enforcement Policy Statement, supported by the guidance set out in the Enforcement Management Model (EMM), is to be closely followed. It is also important that adequate records of the decision making process are kept. The new Section 18 Standard demands that local authorities adequately resource and deliver effective occupational health and safety services. In doing this authorities are required to use interventions, including enforcement action, in accordance with their enforcement policy and within the principles of proportionality, accountability, consistency, transparency and targeting. These principles reflect the Better Regulation Executives five key principles of regulation, which are now a cornerstone of the better regulation strategy and implementation.
Following recommendations from Phase 1 of HSE’s enforcement programme, HELA set up a task and finish group to take forward those recommendations. One such area of work that the group has identified is the need to improve communication in relation to enforcement expectations. This is to be backed up with clear enforcement expectations set out by the policy and programme teams at HSE.
It has also been noted that in some cases officers have been challenged in court over whether they have used the EMM to inform their decision in relation to the action they should take. The enactment of the Regulators’ Compliance Code in April 2008 does require that you ensure that Council procedures deliver effective and well targeted regulation which is proportionate. These are the foundations of the HSC's Enforcement Policy Statement and the local authority duties under the Act.
Enforcement is an important part of our work which promotes and achieves sustained compliance, contributes to reducing risk and enables us to bring duty holders to account. Rightly, our enforcement decisions are increasingly open to scrutiny and it is important that we are seen to be consistent and to use the wide range of enforcement tools available to us effectively.
Local Authority Circulars
Government strategy - Health, work and well-being - caring for our future (2005)
Making a difference - Judith Hackitt