USRs Now Only Workplace Protection As HSE And Local Authority
Pro-Active Health And Safety Inspections Cease
With the ending of all pro-active inspections by the HSE and Local Authority enforcement officers, Union Safety Reps are now the only guardian of health, safety and welfare in the workplace.
A huge increase in injuries and deaths is expected as a result, as the UK is now plunged into the ‘copy everything American’ strategy implemented by the Tory-led ConDem(ned) coalition government.
In fact, this is indeed already occuring, and was highlighted by Hilda Palmer of GM Hazards, who told Unionsafety:
"The ban on pro-active enforcement began in 2011. The HSE are now consulting on how to enshrine this de facto ban in law, but Legionnaire's outbreaks last year were due to the ban!"
Indeed, Unionsafety reported on the outbreaks in Scotland: Edinburgh Legionnaires’ Outbreak Exposes Potential Problems In HSE Inspections, and on the study done by Stirling University of the dire consequences of the lack of pro-active inspections: Health At Risk As Scotland’s Official Safety And Environmental Watchdogs Are Neutered
We now have the replacement of UK health and safety culture with that of the American ‘do nothing until a tragedy happens’ culture in the USA.
CWU Union Safety Reps are being provided with urgent up-to-date advice on the current state of the HSE and Local Environmental Health Officers withdrawal from the concept of ‘prevention is better than a cure’ as the governments dictate to stop all pro-active inspections takes effect.
We are now left with the only option for workers – complaints direct to the appropriate enforcing authority following a lengthy procedure through the employer’s complaints procedures, and the waiting for no action by them; before contacting the HSE or the LA.
Dave Joyce, CWU’s National Health, Safety & Environment Officer, who warned of this probability in 2009, has issued letter to branches of utmost importance to all CWU USRs; LTB100/13. this contains detailed procedural advice by the HSE to all those concerned about health and safety in the workplace.
Given the urgency of the information contained in this LTB, the whole of the LTB is reproduced here:
With the impending withdrawal of HSE and Local Authority 'proactive' Inspections it is important for Safety Reps to be aware of the process for making complaints to the HSE to request an Inspection or Investigation after internal efforts to resolve matters and get remedial action fail.
The law requires employers and the self-employed to conduct their business in such a way as to ensure, so far as is reasonably practicable, that persons affected are not exposed to risks to their health or safety. This includes providing essential welfare facilities for employees.
If you consider that the employer (or someone else’s) work activity is putting safety at risk or damaging workers health, then you should raise your concerns with that employer or managers and escalate the matter to higher management. If no improvement is made and workers safety or health continues to be at risk, then you can report your complaint to the relevant enforcing authority and ask them to look into it.
Firstly, HSE can only take action on a complaint if:
- It relates to a work activity.
- HSE is the right enforcing authority for the work.
- The issue complained about is sufficiently specific to enable identification of the issue and the duty holder and/or location and that either:
- The issue complained about has caused or has potential to cause significant harm, or
- alleges the denial of basic employee welfare facilities,
- It appears to constitute a significant breach of law for which HSE is the enforcing authority.
Therefore HSE cannot deal with complaints about issues or employers where we have no jurisdiction and where we receive such complaints, HSE will take no further action. The following section should help you identify whether HSE is the correct enforcing authority and then tell you what to do next.
HSE
HSE is responsible for enforcing health and safety at workplaces including:
- factories
- farms
- building sites
- nuclear installations
- mines
- schools and colleges
- fairgrounds
- gas, electricity and water systems
- hospitals and nursing homes
- central and local government premises
- offshore installations
Local Authorities
You should contact the local authority Environmental Health Department if your complaint is about the following type of premises:
- offices (except government offices)
- shops
- hotels
- restaurants
- leisure premises
- nurseries and playgroups
- pubs and clubs
- museums (privately owned)
- places of worship
- sheltered accommodation and care homes
How can you resolve your concerns?
If you are a Safety Rep or an employee and you think the law is being broken, or minimum standards are ignored within your workplace, you can:
- speak to management/employer and try to resolve the issue; and/or
- contact your Union who can try to resolve the issue for you.
- If the matter is not satisfactorily resolved, you can raise it with the relevant enforcing authority.
Reporting your complaint about workplace health and safety to HSE
Remember, HSE is not responsible for enforcing health and safety in all workplaces. So double check the last section to make sure that it is HSE who is responsible for enforcing health and safety in the workplace that you are concerned about. If you do wish to report your complaint to HSE complete a complaint form on-line on the HSE Website or write contact the local HSE Officer.
Safety Reps will need to provide full contact details, workplace and activity details you are concerned about; a description of your concern, including who is at risk and why, if the risk is happening now, how long it is likely to go on for, how often it happens and when and where any incident occurred; and details about what you have done to try and resolve the issue.
Report your complaint using our online form at:- https://extranet.hse.gov.uk/lfserver/external/comp1
If you are not able to use this online form then you can report your complaint by phoning the HSE Complaints and Advisory Team on 0300 0031647 in office hours.
What happens after a complaint is made to HSE?
First, HSE will check that the complaint relates to a work activity where HSE is responsible for enforcing the health and safety legislation. Then HSE will seek to identify from the information you provided:
- Who is responsible for health and safety at the location of the complaint?
- Who is at risk of injury or ill health or has no adequate welfare facilities?
- What injury or ill health could result and how likely is this?
A complaints officer will then assess your complaint and place it into one of the following categories:
- Red = Serious Risk and a complaints officer will follow it up as a high priority within 24 hours of receipt (or it will be passed to an inspector for an on-site investigation)
- Amber = Significant Risk and a complaints officer will follow it up within 5 days of receipt
- Green = Low Risk and it will not be followed-up by HSE
However, if your complaint relates to an industry classed by HSE as a major hazard industry - such as offshore, nuclear or a major chemical site - then it will be assessed by an inspector and assigned a priority appropriate to the circumstances.
What we will do
HSE may ask the employer to investigate the complaint or we HSE may look into it themselves. However, they cannot successfully follow up a 'red' or 'amber' complaint if, from the information provided, they are not able to identify or establish who is responsible for the work that has been complained about from the information provided. In such situations, this will be recorded as a "matter of concern" and no action will automatically be taken. However, if the "matter of concern" has been assessed as "red" it will be reviewed by an HSE Inspector.
The other situations where HSE will not investigate a complaint are:
- when you make a complaint anonymously to HSE or contact details are with held. This is because we are not able to substantiate or discuss the information with you or ensure that it is not a malicious complaint.
- when you have not raised the issue with the person responsible for health and safety or your trade union - unless, of course, you have good reason to believe you would be placed in a vulnerable position if you did raise your concerns with this person
- when there are no reasonably practicable precautions to deal with the matters that you raised
- when it is impracticable to pursue your complaint
HSE cannot help anyone to get compensation or resolve problems of civil law.
How will you know what has happened as a result of your complaint?
If you want feedback, HSE will contact you and let you know what has been done. Or, if they have assessed the complaint as low risk 'green' they will explain our decision.
HSE and HSE(NI) Local Offices list was attached to LTB100/13 and can be downloaded here
Source: CWU / HSE / Hilda Palmer
