More inspections, greater penalties and better resources

Since January of this year the Work and Pensions Committee has been examining the work of the Health and Safety Commission (HSC) and Health and Safety Executive (HSE), and their effectiveness in achieving high standards of health and safety.

During its investigation the Select Committee received 66 written submissions and heard evidence from 27 organisations made up of employers, trade unions, professional bodies, organisations representing victims, central and local government and the Minister for Work. Its report was made public on Sunday (25 July).

The group of MPs agreed that fatalities and injuries at work had fallen significantly since the HSC and HSE were established by the Health and Safety at Work Act of 1974. However, it said that "limited progress" appeared to have been made in achieving more recent goals and that it did not believe there was "any realistic prospect of achieving the 2004 targets."

This, according to the committee, raised questions over the present health and safety system in the UK, and led it to make a swathe of recommendations as part of its report.

The main recommendations

The main thrust of the report was for an increase in resources for health and safety inspection and enforcement. The committee said it endorsed the view of the Prospect union that the number of HSE inspectors should be doubled - at an estimated cost of £48 million. It added that a Government review of resources available to the HSE was needed.

The MPs said that evidence supported the view that inspection, backed by enforcement, was the most effective way of motivating duty holders to comply with their responsibilities under health and safety law. It recommended that the HSE dropped its plans for a greater emphasis on information and advice over inspection and enforcement.

The committee added that given the HSE's "limited resources", safety representatives could be empowered to enforce health and safety law in the workplace. It claimed this would have a "powerful effect in improving standards."

Concerning more effective punishments for those found in breach of health and safety regulations, the committee recommended that maximum penalties be increased by means of a Bill in the next session of Parliament. It also suggested that proposals to introduce "alternative an innovative penalties" in addition to those already available to the courts should be examined by the Government, with its conclusions made public by May 2005.

The Work and Pensions Committee also voiced its concerns over the length of time it was taking the Government to reform the law on corporate manslaughter and recommended that it publish a Bill on corporate killing by December this year. The Government should also review its decision not to legislate on individual directors' responsibilities.

Other recommendations

The report went on to recommend that the HSE conducts an annual survey to examine the proportion of employers; carrying out risk assessments; providing occupational health support; and offering health and safety training.

It also suggested that the Government sets a good example and only buys from suppliers who have proved to the Government that they comply with UK health and safety legislation and who have satisfactory health and safety procedures and practices in place.

The committee said it wanted the HSE to undertake a "thorough audit" of enforcement by local authorities and that it should publish its findings by October 2005. The group of MPs also suggested that additional powers be made available to the HSC/E, to allow it to take action against any local authority "manifestly failing in its duty of enforcing health and safety regulations."

When it comes to information and advice, the report called for resources to be allocated to enable all key health and safety publications from the HSE to be made available free of charge on the Internet.

In a move that will be welcomed by road safety campaigners, the committee recommended that the HSE be provided with the "necessary resources" to enable it to effectively enforce its existing guidance on work-related road safety, "particularly in relation to preventative measures." It also wants all at-work road traffic incidents to be reported in accordance with RIDDOR.

In addition, by 1 October 2005 the HSC/E should carry out a review of the case for an 'Approved Code of Practice' (ACoP) on work-related road safety, and publish its findings.

The Committee said it was disappointed at the plans and progress to date to establish national cover of occupational health services. It recommended that this be given "higher priority" and that again the HSC/E be provided with the "necessary resources".

Measures to deal with passive smoking in the workplace should be included in the forthcoming White Paper on improving health, the report said, and the rehabilitation of sick and injured workers should be more closely examined.

Reaction to the report

Responding to the report, Bill Callaghan chairman of the HSC, said in a statement: "We are also pleased that there is strong support for the current legislative framework on health and safety.

"Many of the recommendations are complex and will need to be examined in detail. Some, such as those relating to resources and legislation, are for other parts of Government. For those directed to HSC and HSE, we will contribute to the Government's response in due course."

Trade union leaders were particularly welcoming of the committee's findings. TUC general secretary Brendan Barber described the report as a "beacon of clarity and common sense".

He said: It (the report) acknowledges that over many years a lack of resources has prevented the Health and Safety Commission (HSC) from doing as much as it would have liked to tackle ill-health at work and employers with poor safety records. But despite this lack of cash, the committee says that Health and Safety Executive staff are doing an excellent job.

"Far too many employers do not take their health and safety responsibilities seriously. The Government must do what the Select Committee is recommending and give employees better protection at work by introducing new laws on corporate killing and tougher penalties for bosses that commit safety crimes against their workforce.

"But if the HSC is to get more money, it must be more money to spend on inspecting more workplaces, and on taking more offending employers to court. Whilst good employers will always heed advice and guidance published by the HSC, it will take much more than this to persuade bad employers to mend their ways."

And on the recommendation that safety representatives should be given enforcement powers, Mr Barber said the TUC would be seeking "urgent action" from the HSC on the issues raised.

Johnny Thomson