Programme Action Group 1: Compliance

Scope

This programme was about improving the law when appropriate, and improving compliance with existing and future legislation relating to occupational health (eg The Health and Safety at Work etc Act,15 The Disability Discrimination Act 16 and The Working Time Regulations 17 ).

The actions required of duty holders to achieve compliance focus on the good management of health risks. As much of today’s legislation is goal setting rather than prescriptive, the actions required can change over time. This programme therefore needed to include the important work of developing standards, or guidance on best practice, to support occupational health legislation, as well as enforcing the law when appropriate.

Aim

The aim for this programme was that by 2010 there will be a substantial increase in the number of duty holders complying with legislation related to occupational health. The priority areas included:

• improving the law by introducing agreed new and revised health-related legislation and/or guidance and by removing unnecessary legislation;
• increasing the involvement of health and safety representatives to promote compliance with the law;
• increasing fines/sentences or introducing other disincentives for breaches of health and safety legislation;
• increasing the information available on the economic benefits of addressing occupational health to help promote compliance with the law;
• raising awareness of the law within priority groups (eg small firms);
• securing consistent enforcement action on health issues;
• increasing the involvement of interested parties (eg trade associations) to produce standards; and
• raising awareness among employers that reasonable adjustments to working arrangements should be made for employees or job seekers who are, or who become, disabled.

Example

The example below illustrates an activity that contributed to this programme.

Project

Good Health is Good Business Campaign - Making it Happen.

Aims

To build on the activity of previous phases of the Good Health is Good Business campaign (GHGB), and to secure employers’ compliance with occupational health legislation.

Summary

Launched in May 1995 the GHGB campaign aims to raise awareness of occupational health and to improve employers’ competence in the management of health risks. The campaign is fully supported by Ministers and is a priority objective for HSC. It is a key feature of the
HSE/Local Authority Enforcement Liaison Committee’s (HELA) plans. Effective health risk management is the key to reducing the incidence of occupational ill health. In past years, the campaign has focused on specific health risks including musculoskeletal disorders, respiratory sensitisers, noise, occupational cancers, dermatitis, hand arm vibration, and solvents. The campaign has now entered its fourth phase which will have a greater emphasis on securing compliance with the law. It will be built around the key theme ‘Making it Happen’. HSE and Local Authorities will undertake a range of initiatives to promote this phase and will continue to work in co-operation with intermediaries to persuade employers (particularly those in small and medium sized firms) to take effective action to protect workers from work-related illness.

Partners

HSE, Local Authorities, intermediaries (eg trade associations and trade unions); TUC; British Chambers of Commerce; British Occupational Hygiene Society; RoSPA; Scotland Office and Scottish Executive; Wales Office and National Assembly for Wales.

Activities

All of HSE’s operational units as well as local authority environmental health officers contributed activities to this campaign. They included enforcement initiatives on: manual handling, hand arm vibration, inhalable dust, stress, ionising radiation, dermatitis, solvents, and noise.

Contributions to priorities under this programme

Securing consistent enforcement action on health issues and raising awareness of the law in priority groups.

The members of the Compliance PAG were:

Chair
Paul Davies, Head, Hazardous Installations Directorate, HSE

Members
David Hitchcock Head, ICE Ergonomics Centre
Cynthia Atwell Independent Occupational Health Consultant
Tim Deveaux Senior Environmental Health Officer, Gateshead Metropolitan Borough Council Patrick Keady Head of Risk Services, Worcestershire Acute Hospitals NHS Trust
Claire Williamson Small Business Service
Rob Gwyther Health, Safety and Security Manager, South West Water
Janet Russell Environmental Services Manager, West Riding House
Nina Wrightson Health and Safety Officer, Northern Foods
Stewart Campbell Head, Health Unit, HSE (Edinburgh)
Brian Etheridge Head, Local Authority Unit, HSE
Rod Denley-Jones Environmental Health Manager, Torfaen County Borough Council
Melanie Phillips Occupational Health Inspector, Health & Safety Executive
Clare Potts Cabinet Office
Nigel Bryson General and Municipal Boilermakers
Roy Kettle Department for Employment and Education
Steve Coldrick Head, Operations Unit, HSE

Copies of the action notes from the Compliance PAG can be obtained by contacting the:

Securing Health Together Team
8SW, Rose Court
2 Southwark Bridge London,
SE1 9HS.
E: mail: oh.strategy@hse.gsi.gov.uk
Tel: 020 7717 6088.

This Programme Action Group has now completed its discussions and the final report is available.