‘Revitalising Health and Safety at Work'
An Evaluation of the Government’s/HSC’s Response to Consultation
Framework for Evaluation
Set out below are a series of headings reflecting the broad range of considerations addressed in RoSPA’s submission with specific RoSPA recommendations identified in each case, together with comments on whether and how these have been addressed in the ‘revitalising’ package.
Policy governance
The need for a transparent ‘functional map of the OS&H system’.
In general there is a commitment to working more closely with intermediaries and to using supply chain leverage to raise standards but mapping has not been attempted.
A strengthened and higher profile leadership role for HSC.
The role of the HSC is confirmed. There are some proposed changes to its composition and modus operandi, including: Action Point 23: representation for small firms; Action Point 37: representation on HSC for Scotland, Wales and English Regions; and Action Point 38: some HSC meetings to be held in public.
Expanded membership for HSC and its advisory committees to include the OS&H professions.
This has not been proposed, although Action Point 5 commits the Government to exploring how representatives of the Insurance Industry can be represented on HSC advisory committees.
Further developing public consultation arrangements on OS&H policy.
No specific undertakings are given other than a commitment to see how small firms’ views can be better taken into account.
Stronger OS&H policy and performance scrutiny by Westminster.
No specific undertakings here other than general undertakings on ‘open government’ and alignment/co-ordination with Scotland, Wales and the English regions. Action Point 41 commits the Government to incorporating guidance on OS&H into the new Cabinet Office Policy Appraisal System to help focus on OS&H dimensions of specific measures etc and this may also be useful to MPs etc concerned with OS&H.
Stronger links between OS&H and the public health and social inclusion/equality agendas.
There are several examples of joined up working between OS&H and public health including the ‘Back in Work Initiative’, coverage of OS&H in ‘Health Improvement Programmes’, and the ‘Healthy Workplaces Initiative’. Action point 35 is also relevant here. Rehabilitation is also stressed as a key theme in the context of combating social exclusion.
Greater synergy and/or integration with other safety regimes (air, marine, fire, product, food electricity supply etc).
There are no specific undertakings here although Action Point 44 commits HSC to examining the case for more effective and integrated approach to investigation of accidents across all transport modes. HSE have recently established a Transport Safety Policy section. The ILGRA initiative is also mentioned.
Regulation
A revitalised approach to goal setting duties informed by risk assessment .
This is not mentioned specifically.
Development of a more extended and transparent model of regulation/self/regulation/ management .
This is not mentioned specifically but there are clear commitments to extending clients’ roles in Construction (Action Point 19) and rolling out the principles in CDM to other sectors dependant on contracting.
Clarification of the resource balance between enforcement and promotion.
This is not mentioned specifically but has been covered in the HSC’s response to the Environment etc Select Committee’s recent report on the work of HSE.
Strengthening the application of Section 3 of the HSW Act to the protection of the public (for example, to prevention of drownings).
This is not covered at all.
Reviewing RIDDOR.
Action Point 3 commits the Government to carrying out a fundamental review of the health and safety incident reporting regulations.
Promotion
Establishing a new promotional arm of HSE.
No specific proposals are made.
Setting meaningful national and sectoral OS&H improvement targets for 2005 and 2010.
Broad national targets have been set in the following terms for achievement by 2010: deaths and major injury accidents to be cut by 10 per cent, work related ill health by 20 per cent, working days lost by health and safety failure by 30 per cent. Half of this improvement to be achieved by 2004. There are no pointers on the setting of sectoral or individual enterprise targets.
Central co-ordination and support for a full range of OS&H system ‘intermediaries’.
No indication is given here other than a general commitment to closer partnership working with intermediaries.
Strengthening the role of the OS&H voluntary sector .
This is not mentioned specifically, although the above point is equally relevant.
‘Partnership Agreements’ between HSC/E and ‘key players’.
This idea is not mentioned but could be implied as being part of an overall ‘partnership’ approach.
An increased role for the insurance industry.
Action Point 5 commits the Government to exploring greater representation for the insurance sector in HSC advisory committees. The link between a management standard and insurance and the setting of premia is discussed.
Tax breaks and soft loans to encourage health and safety investment.
Action Point 26 commits the HSC to advise the Government on the design of a grant scheme to encourage health and safety investment in better health and safety management in small companies.
Clearer information on common law settlements.
There is no specific mention of this other than a general commitment to examine ways of creating greater synergy between the compensation and prevention systems.
More effective integration of OS&H with ‘Quality’ and ‘Environment’ (ISO 9000 and 14000).
Action Point 4 commits the HSC to advising the Government on what steps can be taken to enable companies, if they so wish, to check their health and safety management arrangements against an established ‘yardstick’, taking account of the needs of small firms.
Integration of OS&H within IIP etc
This is not mentioned specifically.
A stronger role for local health and safety groups.
This is not mentioned specifically. HSE have indicated that they do not have additional resources to devote to H&S groups.
Stronger promotion of OS&H awards and ‘benchmarking’.
This is not specifically mentioned, although HSE have recently issued guidance on ‘benchmarking’.
Development of the ‘ethical’ as well as the ‘business case for OS&H.
Action Point 1 commits the Government to producing a ‘ready reckoner’ awareness raising leaflet and software package to help employers establish the likely cost effectiveness of actions to improve OS&H. The emphasis in the package overall is more on the ‘business’ rather than the ‘ethical’ case for action.
Enforcement
A substantial increase in HSE resources (based on a national CBA for OS&H).
While there has been a significant increase in HSC/E ‘grant-in-aid’ and a commitment to a three year funding period, there are no specific commitments in the package for additional HSC/E resources.
An increase in preventive inspection.
Again, this is not covered in the package but has been covered in the HSC’s response to the recent Select Committee report.
More investigation of accidents, incidents and cases of work related ill health.
The HSC/E have committed HSE to investigating every fatality but their approach to investigation again is set out in their response to the Select Committee report.
A more vigorous approach to enforcement generally.
This is not spelled out specifically but ministers have indicated their intention that HSE and local authorities should be more vigorous in dealing with employers who disregard health and safety requirements. Action Point 27 commits the HSC to developing a performance indicator for local authority enforcement and promotion.
An increase in general level of fines for OS&H offences.
Action Point 7 commits the Government to providing the courts with greater sentencing powers including a rise from £5,000 to £20,000 in the maximum level of fine in the lower courts
New, innovative penalties for offenders, tied for example to re-education and improvement.
Action Point 9 commits the HSC to advise the Government on the feasibility of consultee’s proposals for more innovative penalties such as fines linked to profits, disqualification from being a director, suspension of managers without pay, suspended sentences pending remedial action, a penalty point system, fixed penalty notices and deferred prohibition notices on welfare issues.
More publicity and information about enforcement action generally, including notices, offences, offenders and penalties.
Action Point 8 commits the HSE to publishing a special annual report which would report of trends in prosecutions, convictions and penalties and would also ‘name and shame’ those guilty of offences in the previous twelve months, this information also to be available on HSE’s website.
Greater use of ‘central approaches’, ‘blitzes’ and ‘group’ or ‘collective approaches’ to inspection.
This is not mentioned specifically in the ‘revitalising’ package but is part of HSC/E’s enforcement strategy.
Indication to employers of factors which will increase likelihood of HSE intervention.
This is not mentioned.
No charging for inspection.
This is not mentioned specifically but is covered in the HSE response to the Select Committee’s report.
Corporate governance of OS&H
A board level director to be appointed within companies to have oversight of and reporting responsibility for health and safety management.
Action Point 11 proposes that a code and regulations should be introduced to clarify directors’ OS&H responsibilities, including the requirement for companies to appoint a board member with oversight of OS&H. This section of the report also mentions RoSPA’s DASH initiative and the effects of the Turnbull Report.
More research into directors’ attitudes, understanding, knowledge and involvement in OS&H.
This is not specifically mentioned but clearly will be required to establish the evidence base for any changes in legislation.
Indicative standards of OS&H competence for directors.
This is not mentioned but presumably will be referred to in part at least in the context of the proposed code.
Requirements for corporate reporting of OS&H performance.
Action Point 2 commits the HSC to promote the publication of guidance by March 2001 to allow large businesses to report to a common standard on health and safety issues. The Government will challenge the top 350 businesses to report to these standards by the end of 2002 and will then work to extend this to all businesses with more than 250 employees by 2004. Action Point 13 commits all public bodies to summarise their health and safety performance and plans in their annual reports, starting no later than 2000/01. It is anticipated that the output from RoSPA’s consultation on corporate performance measurement and reporting will form the basis of such guidance.
Guidance on setting corporate targets for performance improvement (safety and health, process and outcome, leading and lagging etc).
There is no recommendation on this, although clearly it will need to be covered in the above guidance. Reference is made at para 47 to RoSPA’s current consultation exercise on measuring and reporting on corporate OS&H performance.
Stronger penalties for individual directors as well as corporations found guilty of negligence.
This is not mentioned specifically but is clearly implied and is backed by the current Home Office consultation exercise on creating a new offence of corporate killing under which both bodies corporate and individual directors could be found guilty.
Health and safety management
Establishment of a high level HSC group on OS&H management standards.
There is no commitment to establish an across-the-board strategy group as recommended by RoSPA. Action Point 13 however commits the DETR, in partnership with HSE, to pioneer a High Level Forum to provide leadership on health and safety management issues within the Civil Service.
Development of HSC guidance on approved options for demonstrating health and safety management system standards and performance.
Besides the proposed guidance on performance reporting, Action Point 4 commits the HSC to advising the Government on what steps can be taken to enable companies, if they so wish, to check their health and safety management arrangements against an established ‘yardstick’, taking account of the needs of small firms.
Selective mandatory auditing of OS&H management systems.
There is no commitment to this, although it could be considered conceivably within the context of novel penalties (see above).
A new goal setting duty to investigate and learn from accidents/incidents/ work related ill-health.
This is not mentioned specifically but the commitment to review RIDDOR (Action Point 1) could delay the introduction of a new duty to investigate, unless it is decoupled from these regulations as recommended by RoSPA.
A stronger focus on culture building and measurement.
This is key theme number vi, although measurement is not mentioned specifically.
Badging OS&H management status.
This is not mentioned specifically but could be an output conceivably of the ‘yardstick’ proposal (Action Point 4) and the initiatives designed to raise OS&H management standards in public bodies..
Stronger statutory support to enhance the role of OS&H professionals within organisations.
This is not mentioned.
Workforce involvement
Amalgamation of the 1977, 1996 and offshore and mines and quarries regulations on employee involvement and consultation.
Retaining the right of recognised unions to appoint safety representatives.
Election of safety representatives in non- union recognised workforces.
Encouragement of ‘senior safety representatives’.
A stronger, strategic role for safety committees.
Clarification of consultation requirements on health and safety matters.
‘Fast track’ procedures to deal with difficult issues.
Experiments to test the feasibility of ‘roving safety representatives’.
An award system to recognise outstanding contributions by safety representatives and representatives of employee safety.
None of these points are mentioned specifically but conceivably all could be likely outcomes of the HSC’s follow up to the recent DDE 12 exercise on enhancing employee involvement in OS&H.
Small Firms
Establishment of a new high level HSC advisory committee on OS&H in small firms.
This is not mentioned but there is a commitment to seek small firms views on new initiatives (Action Point 22) but without lowering standards.
Empowering business advisers to provide basic OS&H management advice.
Action Point 24 commits the HSC and the new Small Business Service to work in partnership to ensure an effective profile for OS&H within the Small Business Service both centrally and at local level and in Scotland and Wales.
Integration of OS&H advice and facilitation of OS&H ‘mentoring’ via the ‘Small Business Service’.
See comment above.
Strengthening the OS&H influencing role of major clients, including all Government Departments and Agencies, in the contracting/procurement chain.
This is a major theme in the report. Action Points 19, 20 and 21 explore this concept in relation to the role of private and public sector clients in construction. Government Departments will be expected to use their influence to focus on health and safety standards in procurement generally.
Sharing OS&H approved contractors lists between clients.
This is not mentioned but conceivably could be considered in the context of the above point.
Encouraging greater use of H&S ‘passporting’ for contractors staff in all sectors.
This is not mentioned specifically as an Action Point but flows out of current HSE work and the focus on expanding CDM principles to other sectors.
Encouragement of ‘good neighbouring’ schemes.
This is not mentioned as specific action point but forms part of the HSC’s action agenda and links with the emphasis in the report on engaging employers and developing partnership working.
A simple ‘health and safety action plan’ option for small firms instead of requirements for written safety policies and risk assessments.
This is not mentioned but conceivably could be explored in the context of Action Point 24 on coverage OS&H by the Small Firms Service.
Developing and encouraging greater use of new OS&H resources via Internet, opening up of anonymised accident/incident data bases etc.
There are a series of commitments to enhancing open government and meeting the challenges of the ‘information society’.
Publication and greater dissemination of more ‘Essentials’ and ‘Solutions’ materials.
Action Point 25 commits the HSC/E to promoting positive models of how small firms can benefit from effective health and safety management, through a range of information products, including clear, straightforward, sector-specific guidance supported by case studies.
Training and competence
A new HSC advisory committee to be set up on training and competence.
This is not proposed.
An OS&H training development and delivery strategy.
This is not mentioned specifically, although HSE are reviewing ‘competence’ and are continuing to develop their OS&H training strategy.
Minimum competence standards for managers.
Again, same comment as above.
Basic induction training standards for all employees.
Again similar comment.
Occupational health
Integration of safety and health within the HSC/E policy structure.
This is not addressed directly but Action Point 28 commits the HSC and a range of Government departments and other partners to promote and implement fully the new Occupational Health strategy for Great Britain.
More effective integration of OH priorities within wider OS&H strategies generally (small firms, sector plans, etc).
Stronger linkage to HImPs at local level.
Action Point 29 commits the Government to encouraging better access to occupational health support, and to promoting coverage of occupational health in local Health Improvement Programmes and Primary Care Group strategies in England, as recommended by the Health and Safety Commission's Occupational Health Advisory Committee.
Greater awareness raising around major OH problems (musculo-skeletal injury, stress, dermatitis, deafness, vibration injury, asthma, cancer etc).
Promotion of OH awareness programmes for managers etc.
This is clearly part of the Ten Year Strategy for OH.
A wider view of OH, linking with lifestyle, health promotion and treatment and rehabilitation activities.
Action Point 30 commits the Government, as part of the next stage of the New Deal for Disabled People, to considering how best to strengthen retention and rehabilitation services for people in work who become disabled or have persistent sickness.
Guidance on setting meaningful corporate OH improvement targets (process and outcome).
This conceivably may be covered in the Ten Year Strategy.
Development of provision of OH services by Primary Care Groups and Trusts.
A stronger role/better OH training for GPs.
Again, this is likely to be covered by follow up to Action Point 29.
Health and Safety Services
Development and implementation of a co-ordinated national health and safety services strategy.
The commitment here is more focused on Occupational Health than other areas of service need. OHAC’s report and recommendations on improving access to occupational health support has been published as part of the SHT strategy.
Better guidance on OS&H services and standards.
This is not mentioned specifically but HSE have recently published an advisory leaflet on sources of help in OS&H.
Integration of OS&H service provision with business advice and development agencies.
Again action here needs to be considered in the context of follow up to Action Point 24 on developing the profile of OS&H within the new Small Firms Service and Action Point 36 on better links with Regional Government..
Action on Hazards/Issues
Establishing the management of occupational road risk as part of mainstream OS&H.
This is not mentioned but is now covered now by the DETR/HSE Work Related Road Safety Task Group.
Developing effective approaches to tackling stress (including its effects on safety).
This is not mentioned specifically as an Action Point but is mentioned at para 36 as an HSC priority.
Action to prevent violence and bullying at work.
Similar comment.
Action to ensure OS&H standards in home work.
Action Point 16 commits the HSC to consider whether the HSWAct should be amended to take account of ‘changing world of work’ issues such as homeworking.
Development of action to promote ‘welfare’, ‘worker happiness’ and ‘well being’.
This is a central theme (theme i).
Research
Establishment of an HSC/E co-ordinated health and safety research strategy.
This is not proposed.
Establishment of a risk assessment ‘think tank’ network.
This is not proposed but reference is made to the ILGRA initiative in the context of ‘modernising government’
Education
Integration of safety and risk education within the National Curriculum.
This is a major theme (theme ix). Action Point 33 states that the revised National Curricula in England (from September 2000) and Wales (from August 2000) will include more extensive coverage of risk concepts and health and safety skills at every level.
Coverage of safety and risk management in all business and professional curricula.
Action Point 34 commits the Government and Health and Safety Commission to act to ensure that safety-critical professionals such as architects and engineers receive adequate education in risk management. This will be delivered through a programme of direct approaches to relevant higher and further education institutions and professional institutions.
The European Dimension
Promotion of a wider debate on future EU OS&H strategy.
This is not mentioned specifically but paras 141 to 143 refer to the UK’s approach to OS&H initiatives in the EU.
A stronger UK role in initiating new EU OS&H projects.
Again, this s not mentioned as an Action Point but reference is made to the UK’s involvement with the Bilbao Agency.
Integration of OS&H into all EU policies and programmes.
This is not mentioned as a distinct parallel to Action Point 41 in the UK context.
International Action
Full integration of OS&H into Britain’s overseas development strategy.
This is not mentioned but could conceivably arise from the ‘virtual health and safety network’ (Action Point 41)
Support for international agencies dealing with OS&H.
Similar comment although para 142 does refer in passing to HSE involvement in the ILO’s ‘Safework’ programme.
Mobilising the OS&H influencing capacity of international companies.
This is not mentioned but could conceivably be another dimension of the ‘good neighbour scheme’.
Embedding OS&H within global plans for sustainable development.
Para 24 accepts that ‘health and safety is central to sustainable development..’ but this theme is not explored in detail, for example in relation to links to action to protect the environment.
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