HSE banner

Health and safety offences and penalties 2003/2004 - industry examples


Example – agriculture safety awareness days

To help farmers understand and manage risk, HSE runs ‘Safety Awareness Days’. Up to 500 farmers, mainly self-employed or members of family-run farms, are invited to attend each event. Throughout the day, professional instructors present scenarios that reflect local interests. These scenarios underline hazards and preventative measures associated with activities that are the biggest cause of fatalities and major injuries. Each presentation lasts about 15 minutes, with an opportunity for questions afterwards. HSE staff are always on hand to answer any legal questions.The farmers take home a pack of information they can refer to afterwards.

If a farmer does not accept HSE’s invitation to attend a Safety Awareness Day, it is more likely that an HSE inspector will pay their farm a visit. Some HSE operational groups also run smaller awareness events. Around 15 farmers are invited to attend the event, held at a local farm that has volunteered to host it. An HSE inspector inspects the farm with the group, and uses the inspection to help explain good health and safety management.

Since 2000, there have been 56 Safety Awareness Days, attended by over 21,000 farmers. An evaluation of the Safety Awareness Days carried out in 2002 found that 95% of farmers found the day useful, and 70% of farmers reported making at least one change since attending the day.

Dr Roger Nourish, Head of HSE’s Agriculture and Food Sector comments:

“In a relatively short period Safety Awareness Days have become an accepted part of the agricultural safety scene. They are a very cost-effective way of raising the profile of health and safety with farmers and all of our evaluation exercises demonstrate that the vast majority of farmers like them and take positive steps to improve safety after attending a Safety Awareness Days.”

HSE runs similar exercises in construction, woodworking and arboriculture.

Back to top

Example - construction health and safety is improving

Results from the nationwide FaTaL Risks Campaign blitz indicate that the health and safety performance in the construction industry is improving.

During June 2004, HSE inspectors issued a prohibition notice to approximately one in five sites, stopping poorly controlled construction activities. The figures show some improvement when compared with the nationwide blitz in September 2003, when inspectors issued prohibition notices to one in four sites visited.

Inspectors contacted 1691 duty holders on all types of projects and visited 1255 sites across the country; over 90% of the projects visited had less than 50 workers. During the inspections, which focused on falls from height, transport and lifting operations, 240 prohibition and 74 improvement notices were served.

Commenting on the initiative, the Chief Inspector for Construction, Kevin Myers, said:

“I am pleased to see there has been some improvement, but these results continue to cause concern. Industry must improve further. Inspectors are still finding failure to meet basic requirements on too many projects. We are looking at these findings, and other evidence, to help us make targeted follow-up interventions and site visits later this year to selected projects and employers. Inspectors will be looking to see that sustainable systems are in place to deal with the underlying causes of these shortcomings."

Back to top

Example - fairgrounds

Most of us at some point in our lives have visited a fun fair, and for most it is a fun day out for the family. Occasionally however, the negligence of ride operators can put people’s lives at risk, and ruin the fun for everyone.

In 2000, two people were killed and another seriously injured when the passenger car of the fairground ride they were in became detached from the rest of the ride. In 2002, another eight deaths were narrowly avoided. Eight passengers were sent around a looping roller coaster. Part of the track had been removed for maintenance. Luckily, the ride operator was able to bring the ride to an emergency stop, just before the missing section. These events demonstrate the need for effective enforcement.

Annual examination and certification of fairground rides is carried out through an industry agreed scheme known as the Amusement Devices Inspection Procedures Scheme (ADIPS). The voluntary scheme is designed to ensure that equipment is in good working order. When the equipment is deemed satisfactory, the inspection body issues a ‘Declaration of Operational Compliance’.

HSE welcomes the scheme, and works in partnership with ADIPS to prevent dangerous incidents. However, HSE inspectors will still inspect and advise employers in the fairground sector, to maintain a consistent enforcement approach across all business areas. Barry Baker, Head of the Fairground’s Sector, explains why HSE inspection is still important:

“The real thrill of fairground rides is feeling scared, but knowing that really you’re safe. To make sure of this, the fairground industry and HSE work together. If ride operators follow the industry's own guidance, we can all enjoy the fun. HSE will continue to work with the industry to target the few who ignore the sensible demands of health and safety law. Serious failures will get the toughest response.”

Geoff Robson, Chief Executive of ADIPS and Chair of the Amusement Devices Safety Council adds:

“The UK fairground industry associations represented on the Amusement Device Safety Council in partnership with HSE see ADIPS as the future of self regulation in the industry and are committed to ensuring that operators and ride inspectors adhere to the scheme. Where this is not the case they will support the necessary steps to rectify that situation.”

Back to top

Example - work related stress in the NHS

On 9 July 2003 HSE served an improvement notice on West Dorset General Hospitals NHS Trust in Dorchester, requiring an assessment of the risks from exposure to work related stress.

HSE visited the Trust on 9 April 2003 after receiving a complaint from a member of staff. The investigation revealed that a work-related stress risk assessment had not been done for any staff. HSE had previously advised the Trust on this issue.

HSE discussed with the Trust beforehand both what the notice required and the time needed for compliance. HSE and the Trust have worked in partnership together through the process, and are continuing to do so. The Trust took the notice as an opportunity to look at several wider issues associated with stress through the whole management system. Robert Pascall, the Director of Human Resources at the Trust, explains what has been achieved.

“The Trust immediately responded to the Improvement Notice as an opportunity. A multi-disciplinary group was established to work with Exeter University in defining the terms for a staff survey. This was heavily publicised through out the Trust achieving a 50% return rate. From this a comprehensive action plan was developed which was submitted to the HSE. A few of the actions to date have included training of Bullying and Harassment advisors, new appraisal process, appointment of a Communications manager and a stress policy. These actions, and many others in the action plan, will exceed the requirements of the Improvement Notice for the long term good of our staff and better service delivery.”

The HSE inspector who served the notice, Alastair Cannon, describes how the Trust approached the task in hand:

“What was so refreshing about this case was the attitude of the Trust to the notice. Instead of treating it as a punishment they used it as a learning opportunity and a chance to address some human resources issues that they admit they probably wouldn’t have tackled without it. It shows very clearly how formal enforcement action by HSE is designed to help employers get things right to help themselves, not to satisfy HSE.”

The Trust continues to look into solutions to the problem of work-related stress and is sharing their experience with others.

Back to top