DWP Report On HSE Calls For More Resources And Supports Union Safety Reps

The Department of Work and Pensions report,  The role of the Health and Safety Commission and the Health and Safety Executive in regulating workplace health and safety published by the Work and Pensions Committee this week (21st April) concurs with Trade Union’s opinions and raises the same concerns over a lack of funding for a body, which is said to be "spreading itself too thinly”.

It calls for more inspections, increased resources, greater penalties for those breaking H&S legislation, including not consulting with employees, and a greater involvement in occupational health and safety.

In the Conclusions and Recommendations, the Work and Pensions Committee says in their 108 page report:  “There is widespread concern that HSE is inadequately funded and that this undermines its ability to regulate effectively within its core remit.”

It goes on to say, “Furthermore, we are concerned at evidence that HSE is currently spreading itself too thinly. We call on DWP to evaluate whether HSE has the capacity to take on the additional responsibilities that it is being given as well as effecting the increase in deployment of front-line inspectors that we have argued is necessary.”

Referring to the need for an increase in inspections, the Committee say, “We received a significant amount of evidence from individuals and organisations which suggested that the HSE is not deploying sufficient front-line resources to meet its targets and operate effectively as the health and safety regulator.” 

The review looked at evidence across the whole spectrum of  HSE activity and breaks down the various elements within the report, and whilst criticising the overreaching of the HSE and its inadequate resources the Committee report calls for an increase in the deployment of inspectors and overall resources. The report highlights the fact that evidence shows that inspections by the HSE often serve as preventative measures, as companies work harder to improve safety in anticipation of an inspection:  “Academic research has suggested a correlation between inspections carried out and employers’ compliance with their health and safety duties. Furthermore, the results of the recent HSE 'blitz', which led to 30% of sites inspected receiving an enforcement notice, highlighted the importance of inspections in ensuring health and safety laws are adhered to.” 

One of the main areas of concern for USRs and the Trade Unions is that regarding RIDDOR. In this area the Committee concurs:  “The Committee finds it unacceptable that HSE acknowledges that it makes its policy decisions on flawed and incomplete data. RIDDOR is not fulfilling its role and HSE is failing in its duties to enforce obligations under the regulations. We call on HSE to urgently address the shortcomings in its data collection.”

The report also recommends further workers involvement with further support for USRs and the election of Health and Safety Reps in all workplaces: “We are convinced that trade union safety representatives can be effective in improving health and safety standards and we are disappointed that, notwithstanding its public pronouncements, the HSC/E has not done more to promote their role. We call on the Minister to set out what steps he plans to take to enhance the role of safety representatives.”

Regarding workplace representation and the need to consult, the Committee was unequivocal, “We also urge the Government to consider amending the Health and Safety (Consultation with Employees) Regulations 1996 to give employees the right to insist on consultation through elected health and safety representatives. The proper enforcement of these regulations is essential to safeguard the rights of non-unionised workforces."

Interestingly the Committee went further in their call for effective workers involvement:
"If the legislation governing worker’s involvement in health and safety is to operate
effectively, it must be backed up with credible enforcement. We call on HSE to
increase its efforts in taking enforcement action against duty holders who fail in their
obligations to consult workers on health and safety matters.”

Commenting on the DWP Select Committee report on the Health and Safety Executive (HSE), TUC General Secretary Brendan Barber said:

"We welcome this far-reaching report on the work of the HSE."

"The report contains a number of positive recommendations and the committee endorsed all the key points raised by the TUC in its evidence, including increasing penalties for rogue employers who ignore legislation, and the importance of consultation and involvement of safety representatives.

We are pleased that the Select Committee has focused on the appalling position of vulnerable migrant workers, who can find themselves at risk due to overtiredness from working long hours, may be denied sick pay so come into work when they are too ill to do so, and can lack the fluent English needed to grasp basic safety procedures at work. We hope that their concerns will be listened to and addressed.

However, the theme that runs through the report is that the HSE is being asked to do too much with too little. The Government needs to address the very serious resource issues that this report raises.”

The report in its entirety can be downloaded in PDF format here

Source: DWP / TUC

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