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Roundup of Health and Safety in 2011

In 2011 the framework that will shape the future of workplace health and safety over at least the next 4 years became clearer.  Progress was made implementing many of the recommendations made in Lord Young’s review of health and safety in late 2010 and a further review of health and safety regulations by Professor Löfstedt was published. HSE also began cutting 35% of its costs to meet  the government’s spending target for 2015. Similarly   a 28% cut in its funding of local authorities was announced; both these spending reductions of will have a significant effect on H&S regulation and enforcement for the future in line with the Minister’s direction to reduce inspection (but not investigation) of business.  

Significant Prosecutions
Corporate Manslaughter Act
In February Cotswold Geotechnical Holdings became the first company convicted of corporate manslaughter. The prosecution involved the death of a geologist working in a 3.5m deep trench on a development plot in Gloucestershire, when it collapsed killing him. The case was jointly investigated by the Police and HSE. After a three-week trial the company was sentenced and ordered to pay a fine of £385,000, to be paid over 10 years. A gross negligence manslaughter case against the owner of the company was dropped due to his being seriously ill.

Lion Steel Equipment Ltd are the second company to be charged under Act. They are due to stand trial in June 2012.  3 of the 4 directors of the company are also charged with gross negligence manslaughter as well as health and safety charges.  On 1st September the Act was extended to cover deaths in police custody suites, prison cells, mental health detention facilities, young offenders institutions immigration suites and Ministry of Defence institutions.

Fire Safety
In July a Mansfield hotel owner and the Consultant responsible for undertaking a less than satisfactory fire risk assessment were both jailed for 8 months for breaches of fire safety regulations. No fire incident preceded the prosecutions.

Asbestos
Marks and Spencer plc. and four of its contractors were convicted for putting members of the public, staff and construction workers at risk of exposure to asbestos. Marks and Spencer plc. were fined £1 million and ordered to pay costs of £600k, PA Realisations Ltd were fined £200, Styles & Wood Limited  £100k plus costs of £40k, whilst Willmott Dixon Construction Ltd were fined £50k plus £75k costs for offences that took place at the Marks and Spencer plc. stores in Reading and Bournemouth.

Reform of health and safety
Occupational Safety and Health Consultants Register (OSHCR)
OSHCR was established in January 2011 by HSE and professional bodies representing safety and occupational health consultants across the UK in response to a  recommendation in  Lord Young’s report to the Government on the UK health and safety system − Common Sense, Common Safety. Its aim is to increase business’ access to and confidence in good quality, proportionate advice and to address concerns that some  - especially SMEs -  find it difficult to know how and where to get external health and safety advice. By the end of 2011 there were approximately 2,700 consultants on the register.

Good Health and Safety – Good for Everyone
In March, DWP published a new health and safety framework: Good Health and Safety – Good for Everyone. This sets out how HSE will target resources reducing proactive inspections by one third, changing its emphasis from inspection to investigation. The document’s publication coincided with the launch of HSE’s “Health and Safety Made Simple” publication and website.

Cost Recovery
In July HSE published a consultative document on proposals for extending cost recovery.  Following the consultation HSE announced it will seek to charge for its inspection and investigation services at an hourly rate of £124 where in an inspector’s opinion a material breach of law has occurred. The new charging regime could come into operation from as early as 6th April 2012 but currently excludes Local Authority enforced premises.

Infoline Service
In September HSEs Infoline service, which provided a basic information service to users, closed.  Former users are now directed to HSEs website which already receives approximately 26 million visits every year. The change coincided with changes to the way in which duty holders are now required to report injuries etc. under RIDDOR - web based reporting now being HSE’s preferred method.

Löfstedt report
Following on from Lord Young’s review, in November the Government published Professor Löfstedt's report "Reclaiming health and safety for all: An independent review of health and safety regulation".  Löfstedt concluded there was no case for radically altering health and safety legislation but there was room for improvement. The report makes 26 recommendations to reduce the regulatory requirements on business, especially where these do not lead to improved health and safety outcomes. The recommendations are designed to lead to the removal of pressures to go beyond what the law requires, enabling duty holders to reclaim ownership of the management of health and safety.

Health and Safety Statistics
In 2010/11 171 workers were killed at work, up from 147 in 2010; reported major injuries however were down from 26,268 to 24,726 and over 3 day injuries down from 96,427 to 90,653.  HSE estimate that 26.4 million working days were lost due to work related illness and workplace injury which (excluding cancer) costs society an estimated £14 billion/year.

Enforcement
The number of prosecutions taken and enforcement Notices issued by both HSE and Local Authorities rose in 2010/11.  Duty holders convicted of health and safety offences received fines totalling £18.6million, an average penalty of £35,938 per case.

The Future
The Government accepted almost all of Professor Löfstedt’s recommendations and 2012 will therefore see further changes.  The aim is to establish a system of health and safety which enable employers to make sensible and proportionate decisions about managing genuine workplace risks. HSE will respond to Löfstedt by simplifying and streamlining  regulations, focusing enforcement on higher risk businesses, clarifying requirements, and contributing to a rebalancing of the civil litigation system.  All of this of course, will be in addition to  changes in the activities of HSE and LA’s  in response to funding cuts .

Barbour
January 2012

David Cameron had a profound affect on Health and Safety in 2011