Health and safety: the state of play, October 2010

State-of-play table

In this table:

Absence
Accidents
Agriculture
Asbestos
Atypical work
Chemicals/dangerous substances
Construction
Directors
Enforcement
Gas
Health
HSE

Local authorities
Major hazards
Management
Manslaughter
Musculoskeletal disorders
Nuclear
Offshore
Participation
Physical agents
PPE
Practitioners
Regulation

Slips and trips
SMEs
Stress
Transport - roads
Violence 
Waste
Women workers
Work at height
Working time
Workplace
Young workers

Further information

SUBJECT

PROGRESS AND COMMENTS

Absence

See also Health, HSE

Incapacity

Consultation will close on 1 October 2010 on a Department for Work and Pensions (DWP) "discussion document" on reforming the benefits system. The document, which was published on 30 July 2010, aims to make the system "simpler and more efficient, with a view to fewer benefits, fewer layers of bureaucracy and with financial support firmly focused on making work pay". The benefits system "as it stands", says DWP secretary of state Iain Duncan Smith, "often provides incentives to stay on benefits rather than take on a job". The document asks a dozen questions about reform but sets out no concrete proposals. With much of the document looking at factors beyond the workplace, there are few immediate implications for health and safety practitioners, although the DWP is looking at bringing "in work" and "out of work" support together, and at greater "conditionality" for people who are not working because of ill health, ie they will have to increase their efforts to find a job or stay in work. The Government anticipates introducing legislation early in 2011. DWP (2010), 21st-century welfare (on the DWP website), Cm 7913.The coalition Government's discussion document is the latest in a seemingly never-ending series of attempts to reform the welfare system. The previous Labour Government pursued a vigorous welfare-to-work agenda, lately with the Welfare Reform Act 2009 (on the legislation.gov website), which received royal assent on 12 November 2009. The Act introduced measures to "help" people off benefits and back into work. While not explicitly relevant to health and safety at work, the effect of the reforms, which expanded on earlier Labour initiatives, will result in greater numbers of health and safety professionals playing a more central role in absence and rehabilitation management. The Act implemented many of the plans set out in a December 2008 DWP white paper, which itself built on the Welfare Reform Act 2007. DWP (2008), Raising expectations and increasing support: Reforming welfare for the future (PDF format, 2.02MB) (on the DWP website). The Labour Government hoped the reforms would return one million incapacity benefit (IB) recipients back to work over 10 years, with all current IB and income support recipients moving to employment and support allowance (ESA) - which involves "progression to work conditionality" - by 2013. Since 27 October 2008, all new ESA claimants unable to work due to ill health or disability must undergo a work capability assessment (WCA) of what they can, rather than what they cannot, do. Government figures released on 27 July 2010 showed that 39% of people applying for ESA were found fit for work and 37% stopped their claim before completion of the assessment. DWP (2010), ESA, WCA: Official statistics, July 2010 (PDF format, 74K) (on the DWP website). A March 2010 report from the Citizens Advice Bureau (CAB) "expressed grave concern at the number of people unexpectedly being found fit for work" under the WCA. Bureau advisers, adds the report, have seen "high numbers of seriously ill and disabled people being found 'fit for work'". CAB (2010), Not working: CAB evidence on the ESA work capability assessment (on the CAB website). As a result of concerns expressed by groups such as the CAB and the high numbers of people being assessed as fit for work, the DWP commissioned an independent review from Professor Malcolm Harrington, one of the most distinguished occupational health academics, to examine the fairness of the WCA. The review, advises the DWP, will be supported by "a small scrutiny group that will offer advice and challenges to Professor Harrington during the course of the review". The review ran from 28 July 2010 to 10 September 2010. DWP (2010), The Work Capability Assessment: A call for evidence (PDF format, 103K) (on the DWP website).

Fit note

The Royal College of General Practitioners, the Faculty of Occupational Medicine and Society of Occupational Medicine produced a website, Healthy Working England, providing GPs and other primary healthcare professionals with advice on the management of health and work. The site offers guides on the "Statement of fitness for work" (the "fit note") for occupational health professionals and hospital doctors, but also for employers and patients. The "fit note" replaced the "sick note" on 6 April 2010, under the Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 (on the legislation.gov website), which were laid before Parliament on 29 January 2010 (SI 2010 No.137). BusinessLink advises employers: "In the past, doctors have either said that 'you should refrain from work' or 'you need not refrain from work'. With the fit note the doctor will be able to advise their patient if they are 'not fit for work' or - a new option - 'may be fit for work taking account of the following advice'." Doctors will also be able to suggest ways of helping an employee get back to work. This might mean discussing: a phased return to work; altered hours; amended duties; and workplace adaptations. The doctor will also provide general details of the functional effect of the individual's condition. BusinessLink advises employers: "While you won't have to act on the doctor's advice in a 'may be fit for work' statement, it may help you make simple and practical adjustments to help your employee return to work and reduce unnecessary sickness absence." BusinessLink provides advice for business (external website).The Department for Work and Pensions (DWP) published its analysis of the fit note consultation in January 2010, advising that it received 147 responses and that, overall, the respondents were "broadly positive and supportive of the move to creating a 'Statement of fitness for work'". Support was strongest among employer representatives and "more cautious" among the unions. DWP (2010), Reforming the medical statement (PDF format, 242K) (on the DWP website). The fit note was recommended by Carol Black in her report on the health of the working-age population (see Health below). Consultation, which ran between 28 May and 19 August 2009, covered the implementing Regulations and the design of the note itself. DWP (2009), Reforming the medical statement: Consultation on draft Regulations (PDF format, 2.07MB) (on the DWP website). In July 2009, the DWP published an evaluation of the attitudes of participants in a small-scale trial of electronic medical statements (eMed3s) or "fit notes". This found, broadly, that employers and employees liked the format but that doctors were unenthusiastic. DWP (2009), Electronic medical certificate (eMed3). Proof of concept evaluation, Working paper no.70 (PDF format, 6698K) (on the DWP website).

Survey

The CBI's biennial absence survey reported for 2009 a picture that is similar, albeit improving, to recent years - 6.4 days absence per employee compared with 6.7 in 2007 - but that again claimed the public sector was lagging behind its private sector counterparts, with absence rates allegedly 43% higher. The TUC, however, issued its own report, disputing the public-private gap. CBI (2010), On the path to recovery: Absence and workplace health survey 2010 (PDF format, 1.62MB) (on the CBI website); TUC (2010), The truth about sickness absence (on the TUC website).

Accidents

See also Enforcement

Fatalities

The numbers and rates of employees and self-employed workers who sustained fatal injuries from work-related activities in the year to 31 March 2010 were the lowest on record. HSE (2010), Fatal injury statistics (on the HSE website).

Agriculture

Campaigns

A report from HSE officials to the HSE Board meeting on 31 March 2010 advised that communications, rather than a reliance on inspection and enforcement, is the most effective and cost-effective method of intervening in agriculture. Since 2008, HSE activities in the sector have focused on Agriculture Revisited, which has tried to secure measurable changes in awareness, attitudes and behaviours. Extension of Agriculture Revisited beyond 2011 will be dependent upon the HSE's autumn 2010 financial settlement from government and the results of an Ipsos Mori evaluation that started in January 2010 and will report in March 2011. Particular initiatives include development of the Safety and Health Awareness Days (SHADs) and the Make the Promise - Come Home Safe (on the HSE website) direct marketing farmers' campaign, the third phase of which ran in January 2010. HSE (2010), Where are we now? HSE Board paper HSE/10/33 (PDF format, 1.35MB) (on the HSE website); HSE (2010), Open minutes of HSE SMT meeting - 3 March 2010 (PDF format, 59K) (on the HSE website), SMT/10/MO3.

Published

HSE (2007), HSE safety alert on quick hitches (on the HSE website) (extended to agriculture in 2010).

Asbestos

See also Chemicals

Pleural plaques

Shortly before the 2010 general election, the outgoing Labour Government published details of a compensation scheme (on the Ministry of Justice website) for residents of England and Wales with pleural plaques. Payments will be limited to £5,000 and restricted to those who had already begun, but not resolved, a legal claim for compensation by 17 October 2007. The payment broadly reflects the level of compensation likely to have been received if pleural plaques had continued to be compensatable. The closing date for applications for compensation is 1 August 2011. The scheme followed confirmation on 25 February 2010 from the Ministry of Justice - after months of prevarication - that such sufferers would not be entitled to the same compensation as residents of Scotland (and that will eventually be available in Northern Ireland). The situation originated in a House of Lords' judgment on 17 October 2007 that sufferers of pleural plaques were no longer able to claim compensation. The Lords held that pleural plaques, which are small, localised areas of fibrosis found within the pleura of the lung caused by asbestos, should not be compensatable because they are generally asymptomatic. The Lords' decision reversed years of practice and prevented 100,000 claimants from pursuing claims, saving insurers between £1 billion and £1.4 billion - Johnston v NEI International Combustion Ltd [2007] UKHL 39. Consultation on what to do about the Lords' decision in England and Wales ran between 9 July 2008 and 2 October 2008, eliciting 224 replies. Ministry of Justice (2008), Pleural plaques (on the Ministry of Justice website), CP 14/08. The Scottish Government decided on 27 November 2007 that it would legislate to reverse the Lords' decision (on the TheyWorkForYou website). On 17 April 2009, it passed the Damages (Asbestos-related Conditions) (Scotland) Act 2009 (PDF format, 85K) (on the Scottish Parliament website), which came into force on 17 June 2009 and allows compensation claims for pleural plaques and two other asbestos-related conditions - symptomless pleural thickening and symptomless asbestosis. Insurers failed in their attempts to overturn the Act when, on 8 January 2010, the Outer House, Court of Session said that, after a judicial review, it had concluded that the Scottish Parliament had been entitled to introduce the Act. Briefing on Scotland and the appeal process: SPICe (2010), Pleural plaques legislation: Judicial review update (PDF format, 273K) (on the Scottish Parliament website). The Northern Ireland (NI) Executive is set to follow the example of Scotland, rather than Westminster. The NI Department of Finance and Personnel (DFP) issued a consultation paper on 13 October 2008 setting out options for supporting people with pleural plaques, including legislative change to overturn Johnston and a no-fault payment scheme. Consultation ended on 12 January 2009. The DFP announced on 29 June 2009 that it would recommend changing the law to allow people with pleural plaques to claim compensation. On 7 October 2009, DFP minister Sammy Wilson confirmed he would proceed with the Bill after the NI Assembly's committee for finance and personnel (PDF format, 108K) (on the NI Assembly website) supported, by a majority, the proposal. On 13 May 2010, Wilson published the analysis of the consultation, noting that the insurance companies opposed a right to compensation: "The responses to the consultation exercise revealed how the House of Lords' ruling in the Johnston case had an adverse impact on the lives of ordinary men and women who, through no fault of their own, had been exposed to asbestos and developed pleural plaques. The reinstatement of the right to claim compensation in negligence is, I believe, just and fair and will ensure that people in Northern Ireland have the same rights and protections as people in Scotland." Consultation on a draft Damages (Asbestos-Related Conditions) (Northern Ireland) Bill (PDF format, 180K) (on the DFPNI website) closed on 8 September 2010; the DFP is considering the responses.

REACH

Issues around the "asbestos legacy" and the Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH - see below under Chemicals) should start to be resolved from autumn 2010. In October 2009, the HSE's chief executive, Geoffrey Podger, reported that the HSE had been working with the Treasury Solicitor's Department and the Department for Environment, Food and Rural Affairs (Defra) to resolve the "unintended consequences" for the control of waste specifically containing asbestos that have arisen from REACH. Defra produced a draft statutory instrument amending the enforcement of REACH and asbestos legislation; in his monthly report to the HSE Board meeting on 21 October 2009, Podger stated that the HSE was waiting to hear from Defra about the consultation, impact assessment and timing of the proposal and that although December 2009 was the target date for entry into force, "this may be subject to change." HSE (2009), Chief executive's report to the board, HSE Board paper HSE/09/89 (PDF format, 231K) (on the HSE website), annex 3. At the end of March 2010, however, the HSE advised it was still "awaiting the publication of the consultation on asbestos and … is keen that this is published as soon as possible. We are content that the proposal and consultation we saw presents a fair summary of the issue and a workable solution." Then, in late August 2010, the HSE advised that it had "met with Defra to discuss its expected consultation on measures to assure the continued management of the asbestos legacy under the new REACH restrictions system", that it was expecting publication of the consultation document within the following two months, and that it would reflect a recent European Commission decision that REACH should not apply to buildings.

Asbestos survey

Ongoing HSE-commissioned research confirmed asbestos workers have a significantly higher mortality rate than the British population as a whole. HSE (2010), The Great Britain asbestos survey 1971-2005: Mortality of workers listed on the Great Britain asbestosis or mesothelioma registers (PDF format, 665K) (on the HSE website), HSE RR805.

Atypical work

Services Directive

The HSE confirmed the EU services Directive will apply to more health and safety Regulations than it had originally envisaged. The Directive, which aims to secure a genuine internal market in services in the EU by removing legal and administrative barriers to the development of service activities (Directive 2006/123/EC, OJ L 376, 27.12.2006), is implemented in the UK by the Provision of Services Regulations 2009, which came into force on 28 December 2009. There were three main implementation strands for each member state. The first requires screening of legislation and administrative practices (including licensing regimes) that affect services and service providers. The second strand is point of single contact - the Department of Business, Innovation & Skills (BIS) - via a website through which service providers can find information on, and complete, formalities required in order to operate in the UK (the HSE's information services will link to this). The third strand involves setting up administrative cooperation arrangements between member states' competent authorities (supervisory or regulatory bodies including professional bodies and local authorities). Although the Directive and the Regulations in principle exclude workplace health and safety, they apply to workplace provisions that are equally or more concerned with the protection of the public. Initially, the HSE placed the Gas Safe Register and Adventure Activity Licensing Authority within the scope of the Directive; both are now compliant. The HSE subsequently named seven further sets of Regulations as falling under the Directive: the Gas Safety (Management) Regulations 1996; the Pipeline Safety Regulations 1996; the Ionising Radiations Regulations 1999; the Genetically Modified Organisms (Contained Use) Regulations 2000; the Radiation (Emergency Preparedness and Public Information) Regulations 2001; the Biocidal Products Regulations 2001; and the Notification of Conventional Tower Cranes Regulations 2010. Authorisation schemes within these Regulations must have an overriding public interest justification and, although the HSE told BIS the "barriers" are justified on grounds of public policy and safety, it must still ensure dutyholders can comply easily with all formalities and procedures. Each department responsible for the seven authorisation schemes has started work on compliance, but the HSE's communications department advised that the work required to develop the website would be significant and that no provision had been made. Given the current financial climate and the HSE's work priorities, the HSE's senior management team (SMT) considered on 7 July 2010 whether it would pursue "speedy" and full compliance for the authorisation schemes or instead "take a more pragmatic approach to compliance, despite the European Commission's continuance with infraction proceedings". The HSE advises that its SMT opted for the former, and that BIS has seen the HSE's "sign-off letter" and suggested a few "tweaks": the HSE's chief executive, Geoffrey Podger, will formally send the letter before the end of September 2010. HSE (2010), EU services Directive: Impact on the work of HSE (PDF format, 1MB) (on the HSE website), SMT/10/84.

Chemicals/Dangerous substances

See also Asbestos, Major hazards

Cancer

Important HSE-commissioned research attributed just over one in 20 cancer deaths (ie 8,023 deaths) in Britain in 2005 to past occupational exposures to known carcinogens. The research, which was led by Lesley Rushton at Imperial College London, undermined conclusively the HSE's previous working estimate of 6,000 deaths a year, although the new total is still likely to be a severe underestimate. Rushton L et al (2010), The burden of occupational cancer in Great Britain, overview report (PDF format, 4.58MB) (on the HSE website), HSE RR800.

IOELVs

The HSE will issue a consultation document in spring 2011 on a Directive introducing a third list of indicative occupational exposure limit values (IOELVs). Commission Directive 2009/161/EU of 17 December 2009 establishing a third list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Commission Directive 2000/39/EC (PDF format, 732K) (on the EUR-Lex website). Implementation is required by 18 December 2011 and, in the UK, will be secured through changes to EH40 (the list of workplace exposure limits - WELs). The new list (on the HSE website) establishes values for 19 hazardous workplace chemicals, of which three have IOELVs that equate to, or are higher than, existing workplace exposure limits and so do not require further action in the UK. There are no WELs for six of the substances, and so these will need to be introduced, and one WEL where a short-term limit will be needed. For the other 10 substances, the existing WEL is higher, and the HSE proposes reducing the WELs to the IOELVs. There are two controversial substances on the list - mercury and carbon disulphide. A third, formaldehyde (particularly for the wood panel industry), was left off the final list. In November 2008, the HSE proposed solutions for these three areas: HSE Board paper HSE/08/82 (PDF format, 108K) (on the HSE website). The HSE's chief executive, Geoffrey Podger, told the HSE Board on 28 July 2010 that: "Implementation raises some issues in relation to new government policy and regulatory controls - for example, in relation to whether to reduce safety levels where (exceptionally) the European minimum standard is lower than the existing national standard (IOELV higher than the existing WEL)." The HSE will thus consult its Advisory Committee on Toxic Substances (ACTS) on the draft proposals and will bring a paper to the board in early 2011 before issuing the consultative document. HSE (2010), Chief executive's report to the board (PDF format, 374K) (on the HSE website), HSE/10/60.

REACH

The Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) came into force on 1 June 2007 and will be phased in until 2018. The Regulation, which was adopted on 18 December 2006, replaced 40 pieces of legislation and fundamentally changed the EU's chemicals regime. The Regulation requires producers to register all chemicals produced or imported in volumes of more than one tonne a year. The registration phasing started with the most toxic substances and those produced in the largest quantities. The European Chemicals Agency (ECHA), which is based in Helsinki, is responsible for the day-to-day management of REACH. The HSE is the UK's competent authority for the REACH regime. Advice and updates on what chemical manufacturers, suppliers and users need to do in order to comply with REACH are available from the competent authority's web pages (on the HSE website). Regular updates on REACH in the UK and ECHA initiatives (including consultations on individual substances and data sharing) can be obtained from the HSE's free REACH bulletin.

Nanotechnology

The Department for Business, Innovation & Skills launched the UK nanotechnologies strategy on 18 March 2010. The HSE is providing the occupational health and safety input. HSE (2010), Chief executive's report to the Board (PDF format, 277K) (on the HSE website), HSE Board paper HSE/10/31.

Vehicle repair

The HSE is using a 2010 European-wide campaign (on the Chemicals Campaign website) on "Risk assessment in the use of hazardous substances" to focus on the motor vehicle repair (MVR) industry. The campaign is an initiative of the EU's Senior Labour Inspectors Committee and is running until March 2011. Most of the information that the HSE is promoting on MVR (on the HSE website), including model risk assessments and "new" guidance (HSG261), has been available since 2009.

GMOs

Minor amendments to the Genetically Modified Organisms (Contained Use) Regulations 2000 were due to come into force on 1 October 2010, but delays have meant that they will not come into force until April 2011 at the earliest. The amendments, which implement a European Directive, require risk assessments to take specific account of the disposal of waste and effluents and, where appropriate, implement necessary safety measures. A two-month consultation on the proposal ended on 31 May 2010 but resulted in no significant changes. The HSE advises that the requirement is, in any case, implicit in the 2000 Regulations and associated guidance. The Regulations also cover the display of bio-hazard signs and publication of the European Commission's criteria for genetically modified micro-organisms (GMMs) that are of no or negligible risk. The amendments follow a notification from the European Commission that it did not consider that the UK had fully implemented the requirements of Directive 2009/41/EC on the contained use of GMMs. In April 2011, the Regulations were to have come under the proposed Single Regulatory Framework that will implement the recommendations of Bill Callaghan's review following the 2007 foot and mouth disease outbreak; the framework had been due to come into force on 1 October 2010, but has been put back six months. It is possible there may now be further delays. Consultation on the proposed framework closed on 28 March. HSE (2010), Proposals for amendment of the Genetically Modified Organisms (Contained Use) Regulations 2010 (on the HSE website), CD231.

Biocidal products - EU

The European Parliament was due to give a first reading in September 2010 to a European Commission proposal to replace the 1998 biocidal products Directive with a European Regulation, which would be binding on member states without the need for implementing legislation. Negotiations on the proposal also resumed within the European Council of Ministers after the 2011 summer break. The proposal (on the HSE website), states the HSE, addresses the "general view" that the current regime "is not working". Although the Regulation will maintain "the concept of assessing active substances at EU level for inclusion in a positive list and then authorising biocidal products for the market", it will also: extend the regulatory regime to cover treated materials containing biocides; adopt a centralised EU product authorisation scheme for some products; require mandatory data-sharing of vertebrate animal test data; reduce the burden of data requirements; and harmonise the fee structure across member states. An HSE consultation on an earlier draft ran from 27 July 2009 to 5 October 2009, eliciting 68 responses, with a large majority supporting in principle the move to a Regulation and the major features of the proposal. Further: "Where concerns were expressed, these centred in general on the proportionality and workability of the proposals and how they would interact with other relevant legislation. Aspects for which there was less support included the labelling requirements accompanying the extension in scope (which many felt might be excessive for consumers) and the proposal that Community authorisation should apply only to "low-risk" products (where it was widely felt that existing active substances and/or other product authorisations should be phased into the Community authorisation procedure)." Although the commission had anticipated that the Regulation would come into force in January 2013, the adoption timetable remains uncertain, and will depend on when political agreement, and agreement on a final text with the European Parliament, can both be reached. Subsequent to adoption of the Regulation, the HSE also aims to introduce domestic regulations to enable enforcement of the new regime. HSE (2009), Proposal for a European Regulation concerning the placing on the market and use of biocidal products (PDF format, 2.35MB) (on the HSE website), CD 222. As a holding mechanism until the new Regulation is adopted, the Biocidal Products (Amendments) Regulations 2010 (PDF format, 142K) (on the HSE website) came into force on 6 April 2010 (SI 2010 No.745). The Regulations make "simple" changes to the Biocidal Products Regulations 2001, which implemented the 1998 Directive above. The amendments do not change any legal duties or procedures; instead they allow the keeping of biocides on the market for four further years until 14 May 2014, which reflects the European Commission's amendment to the 1998 Directive that followed its failure to complete a 10-year review of existing active substances by the deadline of 14 May 2010. The Regulations also reflect legislative changes elsewhere and redefine "placing on the market". Consultation (on the HSE website) ran between 1 September 2009 and 23 November 2009 and elicited just eight responses with, advises the HSE, "agreement with the proposals … in almost all of these cases".

COSHH

The HSE had planned to issue a consultation document before September 2010 on minor revisions to the Approved Code of Practice (ACoP) and guidance on the Control of Substances Hazardous to Health Regulations 2002 (COSHH) (L5). Delays to amendments to the Genetically Modified Organisms (Contained Use) Regulations (see above) have meant that the HSE has put on hold work on the COSHH ACoP. There will, in any case, be no changes to the COSHH Regulations and no extra costs for business. The HSE last revised the ACoP in 2005, and believes an update is now necessary because of past and imminent changes to legislation covering biological agents, the Globally Harmonised System of classification and labelling of chemicals, the Registration, Evaluation, Authorisation and Restriction of Chemicals and the Classification, Labelling and Packaging of Chemicals Regulations. The HSE's senior management team approved the proposal on 26 May. The HSE will, however, soon update its website to take account of these changes. HSE (2010), Update of the control of substances hazardous to health ACoP (PDF format, 45K) (on the HSE website), SMT/10/65.

Semiconductors

Campaigners have criticised an HSE report that concluded there was no link between working at the National Semiconductor UK (NSUK) factory in Greenock and increased risks of cancers. The fears stemmed from a 2001 report that indicated a possibility of raised incidence for certain forms of cancer, although the overall number of cancers was within the expected range for such a workforce. The HSE advises it has no plans to carry out more research at NSUK. Phase Two, which represents sick NSUK workers, pointed out that the report showed increases - dismissed by the HSE as not significant - in four types of cancer. HSE (2010), A further study of cancer among the current and former employees of NSUK, Greenock (report) (PDF format, 3.46MB); HSE (2010), Research into concerns about cancer at NSUK in Greenock (leaflet) (PDF format, 69K); appendices and other publications (all on the HSE website).The 2001 report also led to HSE inspections in 2002 of all 25 semiconductor (silicon chip) manufacturers in the UK. Follow-up inspections in 2009 of all 17 medium-sized and large manufacturers found, "in general", that arrangements for the control of hazardous substances, as well as for general health and safety issues, were "satisfactory". But they also found sufficient weaknesses in the health and safety management systems such that it "could not be fully assured of continuing control". HSE (2010), Report by the HSE on the control and management of hazardous substances in semiconductor manufacturers in Great Britain in 2009 (PDF format, 1.48MB) (on the HSE website).

Published

HSE (2010), Determining current health and safety practices, awareness of HSE initiatives and economic trends in relation to isocyanate paint use in the motor vehicle repair sector (PDF format, 594K) (on the HSE website), HSE RR802.

Construction

See also Slips and trips, Work at height

CDM

The HSE's ongoing evaluation of the Construction (Design and Management) Regulations 2007 (CDM) was due to seek industry views at 11 workshops and meetings between 28 September and 20 October 2010. The evaluation is being undertaking by the Frontline consultancy. In addition, the Construction Industry Advisory Committee CDM Evaluation Working Group started a large-scale evaluation survey in July 2010.

Inspection

A March 2010 inspection blitz of UK construction sites saw the HSE serve enforcement notices at almost one-quarter of sites, compared with one-fifth of sites in a similar blitz in 2009.

Published

HSE (2010), A literature review of the health and safety risks associated with major sporting events: Learning lessons for the London 2012 Olympic and Paralympic Games (PDF format, 819K), HSE RR811; HSE (2010), The London 2012 Olympic and Paralympic Games: The health and safety learning legacy; HSE (2010), HSE's preparation for the London 2012 Olympic Games and Paralympic Games (PDF format, 115K), HSE/10/67; HSE (2010), Tower crane incidents worldwide (PDF format, 1.63MB), HSE RR820; HSE (2009), An update on the work of construction division (PDF format, 146K) (all on the HSE website), HSE Board HSE/10/68.

Directors

See also Enforcement

Guidance

With the publication in June 2010 of the final evaluation report on the impact of the 2007 HSE/Institute of Directors (IoD) guidance on health and safety (on the HSE website), normal practice would have been for HSE officials to prepare a position paper for discussion by the HSE Board. But although the report appeared in June 2010, the subject failed to find its way onto either the July or August 2010 meetings of the HSE Board, despite the flimsiest of agendas. At the August 2010 meeting, Hugh Robertson, a TUC appointee to the board, asked when the board would discuss the issue of directors' duties in the light of the evaluation. Board chair Judith Hackitt replied that she thought that there was no commitment to discuss the issue again but, if the board wanted to, it could be scheduled. Robertson replied that he did want it scheduled. The HSE subsequently told HSB that the board would discuss the issue before the end of 2010. When the HSE published its evaluation, its own website stated the steering group had "submitted its report to the chair of the HSE Board. The board is expected to discuss the report in due course". Following publication of the evaluation, an HSE spokesperson confirmed to HSB that the evaluation would help it develop its future approaches and that it expects the board "to return to this [issue] periodically" at meetings. The evaluation, which was carried out by a steering group led by the HSE's chief scientist, Patrick McDonald, concluded that the overall impact of the guidance was "inconclusive". It claimed a statistically significant increase in all three evaluation criteria, ie the percentages of directors who are aware of the guidance, have read it and have subsequently taken action. Other findings, however, show that most directors have not seen, read or acted on the guidance, and that it was impossible to "disentangle" the effect on directors of the guidance from those of other developments over the period, notably the Corporate Manslaughter and Corporate Homicide Act 2007. One of the group's six members, from the building union Ucatt, refused to put his name to the evaluation report, which he described as "fundamentally flawed". HSE (2010), The report of the steering group overseeing an independent evaluation of measures taken to strengthen director leadership of health and safety (PDF format, 141K); HSE (2010), Second evaluation of guidance for directors and board members (1.92MB), HSE RR815; HSE (2010), Director leadership (PDF format. 349K), HSE RR816; and HSE (2010), Circumstances under which government guidance impacts on the actions of directors of corporate bodies (PDF format, 443K), HSE RR817; HSE (2009), Evaluation of guidance for directors and board members (PDF format, 1MB), HSE RR695; HSE/IoD (2007), Leading health and safety at work: Leadership actions for directors and board members (all on the HSE website).The then HSC decided on 9 May 2006 that it would not pursue directors' duties for the time being but would instead pursue the guidance and voluntary route. Rita Donaghy's independent inquiry into construction fatalities recommended in July 2009 that the Government introduce health and safety duties for directors, while the Commons Work and Pensions Committee recommended their introduction should the second stage of the evaluation find the voluntary approach wanting. HSB and Health and Safety at Work magazine launched a "Duty bound" campaign (external website) and petition in September 2009, urging the HSE Board to recommend that the Government introduce statutory health and safety duties for directors. As at 6 September 2010, the petition had 2,011 signatures.

Disqualification

There have been two disqualifications of directors for health and safety offences in the period covered by the table: Richard Berwick, managing director of a steel erection firm (four years for ignoring repeated warnings from the HSE); and Brian Nixon, managing director of a fuel manufacturing company (five years for ignoring prohibition and improvement notices and flouting other health and safety regulations).

Enforcement

See also Directors, HSE, Manslaughter, SMEs

Sentencing guidelines

It is too early to determine any impact of the Sentencing Guidelines Council's (SGC) "definitive guideline" to courts for imposing sentences for the new offence of corporate manslaughter and for health and safety offences that are a significant cause of death. Despite the imposition of eight fines of £100,000 or more in just 13 days in April 2010, the total number of such fines for the period covered by the table - 20 - is consistent with the range covered in recent HSB state-of-play tables (see below). In most cases reviewed by HSB, the interpretation of what is a "significant cause of death" does not appear to be proving problematic. The SGC guideline applies to all sentences handed down from 15 February 2010, regardless of when the offence was committed. The guideline sets out 10 sentencing steps and states that fines should not normally fall below £500,000 for manslaughter and £100,000 for offences that are a significant cause of death. There were few changes between the definitive guideline and the consultation text. Most significantly, both texts rejected the advice of the Sentencing Advisory Panel (SAP) that fines should be linked to turnover. The SAP's consultation closed on 7 February 2008 and would have set a starting point for calculating a fine for a manslaughter conviction of 5% of the offender's average annual turnover, and of 2.5% for convictions for HSW Act deaths. This would have had a dramatic increase on the level of fines; the SGC's guideline will have a less significant effect. The HSE is now revising its internal guidance and discussing with the Crown Prosecution Service how the two bodies can develop common operating procedures for publicity orders for manslaughter and health and safety offences. SGC (2010), Corporate manslaughter and health and safety offences causing death: Definitive guideline (on the Sentencing Council website).

Fine appeals

In a highly significant judgment on 16 June 2010, the Court of Appeal rejected an appeal by a clothing retailer that fines totalling £400,000 for two offences under the Regulatory Reform (Fire Safety) Order 2005 were excessive. The principal ground of appeal was that, in assessing the fine appropriate to the offences, the trial judge had failed to give sufficient weight to the fact that the breaches of duty were not causative - individually or cumulatively - of the fire; nor did they cause injury or death. Further, the judge therefore erroneously applied a higher presumed standard of seriousness to breaches of fire-safety responsibilities than he would for breaches of duty towards employees and visitors under the HSW Act. Giving the unanimous judgment of the Court of Appeal, Lord Justice Pitchford rejected the appeal, finding that the fine was "severe" but not "manifestly excessive". New Look Retailers Ltd and the London Fire and Emergency Planning Authority, Case no.200906982 A7, 16 June 2010.The Appeal Court, High Court of Justiciary in Scotland increased a find eightfold after an offender failed to offer a full disclosure of its financial means well before the sentencing date. The appeal court took a second look at a company's books and its accountants' report, backed up by two reports from accountants commissioned by the Crown. HM Advocate v Discovery Homes (Scotland) Ltd and Richard Lionel John Pratt (on the Scottish Courts website) [2010] HCJAC 47.

Formal action

HSE officials published a paper offering explanations as to why the number of prosecutions taken by its Field Operations Directorate (FOD) in 2009/10 was less than half the total it secured at the start of the decade. The 10-year period also witnessed a 13% decrease in the number of enforcement notices issued by FOD, although the total has risen in the past two years. The HSE insisted, however, that despite the numbers, the time spent on both investigations and enforcement had risen in recent years, supporting the view of inspectors that the "processes they have to follow have become more demanding over time". The HSE attributes part of the decrease to the fact that most prosecutions arise from reactive investigations, which have declined, ie fewer investigations equate to fewer prosecutions. HSE (2010), Review of enforcement by FOD (PDF format, 103K), HSE Board paper HSE/10/54.

Investigation criteria

An HSE review of its criteria for selecting which reported incidents to investigate concluded they are "fit for purpose", although it recommended several changes to the detail. The HSE Board endorsed the review on 30 June 2010. HSE (2010), Review of HSE's RIDDOR incident selection criteria (PDF format, 188K) (on the HSE website), HSE Board paper HSE/10/53.

Exceptional fines

The period covered by the table saw courts impose 20 fines of £100,000 or more for health and safety offences: Total UK, £3.6 million; Hertfordshire Oil Storage, £1.45 million; British Pipeline Agency £300,000; Tangerine Confectionary, £300,000; Hanson Building Products, £280,000; Biffa Waste Services, £280,000; Roadway Container Logistics, £250,000; Regentford, £250,000; Corus, £240,000; Co-operative Group, £210,000; SITA UK, £210,000; Gregory Distribution, £200,000; Sims Group, £200,000; Ashtead Plant Hire Company, £200,000; Flowserve, £150,000; TS (UK), £140,000; Oxford Architects, £120,000; Rubb Buildings, £100,000; Marble City, £100,000; and Hydro Aluminium Extrusion, £100,000. The previous period covered by the table saw 18 fines of £100,000 and above for health and safety at work-related offences. There have now been 152 fines of £100,000 and above in the past four years.

Prison

The period covered by the table saw just one person imprisoned for health and safety offences: Kenneth Parry, six months, for failing to comply with an improvement notice. There were no convictions for manslaughter. In the past two and a half years, 14 individuals have been jailed for offences that were related to health and safety at work, and 11 jailed for manslaughter.

Gas

Landlords

The HSE launched a one-stop shop micro-site (on the HSE website) to provide all the information landlords need to meet their legal duties on domestic gas. The sections include repair and maintenance, annual gas safety checks, record keeping and links to a list of Gas Safe registered engineers.

Health

See also Absence, Musculoskeletal disorders, SMEs, Stress, Working time

Black report

Most of the recommendations made by the National Director for Health and Work, Carol Black, in her March 2008 report on the health of the working-age population are now well under way, under the government-led Health, Work and Wellbeing (HWW) umbrella, which aims to protect and improve the health and wellbeing of working-age people. One recommendation - the Health, Work and Wellbeing Challenge fund - has, however, become an early casualty of budget constraints. Bidding for the first phase started in October 2009 and bidding for phase two had been due to begin in September 2010. The Department for Work and Pensions (DWP) advises that it has postponed the second phase and "will consider the possibility of a second round … in 2011 to 2012, subject to the necessary funding being available". The fund awarded between £1,000 and £50,000 to SMEs and local partnerships to fund innovative projects on worker health and welfare. The first-phase projects started in April 2010. Health, Work and Wellbeing Coordinators are now in place for all nine English regions and for Scotland and Wales. Contact details for the 11 coordinators (external website). The Fit for Work Service was announced in October 2009 and is running in 10 areas and Scotland "until at least March 2011". The service aims to help people to stay in or return to work more quickly after illness or if they develop a health condition or impairment. The service offers help with health and treatment, employability and wider support services, for example debt, relationship and housing problems. The 11 services vary in size and in what they offer; each has received short-term pump-prime funding from central government until March 2011, although all are committed to ensuring longer-term sustainability. Occupational health advice lines for SMEs started on 11 March 2010 in nine pilot areas. The service covers employers in England (tel: 0800 0778844) and Wales (tel: 0800 1070900) with fewer than 250 employees, and all employers in Scotland (tel: 0800 0192211). There are also specialist support advice services for GPs. The Workplace Wellbeing Tool (on the Business Link website), which allows employers to calculate the cost of ill health to their business and benchmark the results, started on 9 March 2010. The "fit for work" medical note came into operation on 6 April 2010 (see Absence above). Although the Government embraced in full or in part most of Black's recommendations, it stalled on one of the key elements - a new, business-led health and wellbeing consultancy. HM Government (2008), Improving health and work: Changing lives. The Government's response to Dame Carol Black's review of the health of Britain's working-age population (on the HSE website), Cm 7492. Black Report: Black C (2008), Working for a healthier tomorrow (on the DWP website).

Surveillance

The HSE is reviewing its guidance on health surveillance, HSG61, which it last updated in 1999. As part of the review, the HSE held a two-day workshop in July 2009 for health surveillance experts and stakeholders. The HSE is considering a report on the workshop. HSE (2010), Health surveillance - a time for change? (PDF format, 1.86MB) (on the HSE website).

Smoking

The European Commission is still undecided as to whether or not there is a need for an EU initiative to protect workers from environmental tobacco smoke. The commission consulted the social partners in 2008 and decided it would consult again at a still unspecified date. Any initiative could comprise legislative or non-legislative measures or a combination.

Healthcare

The UK has until 11 May 2013 in which to adopt Council Directive 2010/32/EU (on the EUR-Lex website) of 10 May 2010 implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU. The Directive allows member states either to introduce legislation or to ensure that the social partners have implemented the necessary measures by agreement between themselves. The Framework Agreement applies to all workers in the hospital and healthcare sector and covers: 11 "principles", such as involving the workforce; risk assessment; elimination, prevention and protection; information and awareness raising; training; reporting; and response and follow-up.

HSE

See also Enforcement, Local authorities

Strategy

The HSE published its new strategy on 3 June 2009, setting out 10 strategic goals in areas such as investigating accidents and taking appropriate enforcement action, encouraging strong leadership in health and safety, increasing competence, targeting key health issues and promoting worker involvement. HSE (2009) The health and safety of Great Britain. Be part of the solution (PDF format, 635K) (on the HSE website), 06/09 C100. Between November 2009 and March 2010, more than 1,400 individuals and organisations signed a "pledge" to "be part of the solution". Although the HSE subsequently launched a Pledge Forum (on the HSE website) in which to exchange good practice, some members of the HSE Board believed this fell short of the HSE's 2009 promise to provide "indications" of what the signatories needed to do next. In March 2010, a paper from HSE officials admitted the signatories' input had been "very limited". The HSE is creating tools to help signatories develop and share their plans for delivering the strategy; it will publish both tools on the forum website and evaluate the effectiveness of the forum at the end of 2010. HSE (2010), Engaging stakeholders in strategy delivery (PDF format, 129K) (on the HSE website), HSE Board paper HSE/10/32; HSE (2010), Open minutes of HSE SMT meeting - 3 March 2010 (PDF format, 59K) (on the HSE website), SMT/10/MO3.

Health strategy

On 31 March 2010, the HSE Board discussed a paper from HSE officials on the regulator's health strategy. The paper followed a paper discussed by the board on 25 November 2009 that floated the notion that the HSE should "refocus" its approach to work-related ill health, targeting the most harmful, long-latency conditions, such as cancers, while "rebalancing" its involvement in stress and musculoskeletal disorders and moving away from interests such as rehabilitation and wider wellbeing that are not part of its core remit. The HSE Board agreed with the principles, but struggled to accept the implication that this would mean less focus on areas such as stress. The follow-up paper took account of the board's fears, moderating slightly the more radical implications of the earlier document, but reiterating the need to rebalance. The board approved the paper, including the focusing of activity in three areas: HSE-initiated work in specific segments/activities where there is evidence of significant risk and reasonable prospects of bringing improvements (based on stakeholder engagement and partnership working wherever possible); more general work on improving competence to manage occupational ill health (including health surveillance, guidance on the use of OH professionals and bespoke support for SMEs); and "continuing HSE involvement in the development of a national architecture for public and occupational health and delivery of appropriate contributions". HSE (2010), Minutes of HSE Board meeting - 31 March 2010 (PDF format, 80K), HSE/10/M03; HSE (2010), Delivering for health - a future work plan in response to HSE's healthier workplaces strategic goal (PDF format, 131K), HSE/10/34; HSE (2009), Putting the health into health and safety - HSE's response to the strategy's healthier workplaces goal (PDF format, 118K) (all on the HSE website), HSE/09/102.

Revitalising health and safety

The HSE extended two of its Revitalising targets - for reducing fatal and major injuries and the incidence of occupational ill health - for one year until 31 March 2011. The Department for Work and Pensions (DWP) had previously dropped the target for reducing the number of working days lost from its indicators that help make up its Departmental Strategic Objective (DSO). The decision to continue with the two targets is only to allow measurement of progress against DSO 3, and does not mark a new phase of Revitalising. The pro-rata extensions require reductions in the incidence of fatal and major injuries of 11% on the 1999/2000 baseline and 22% in ill-health incidence on the 2001/02 baseline (essentially 1% and 2% a year). HSE (2010), Business plan 2010/11 (PDF format, 453K) (on the HSE website). The Government and then HSC's 10-year Revitalising health and safety strategy ended on 31 March 2010. Whether or not the HSE and stakeholders have delivered Revitalising's three targets, however, will be revealed in October 2010. The last progress report - for the nine years until 31 March 2009 - concluded the UK was on course to meet the injury and absence targets, but would probably just miss the ill-health target. HSE, National Statistics (2009), Health and safety statistics 2008/09 (PDF format, 2.71MB) (on the HSE website). Supplementary tables (on the HSE website). In addition to injury and ill-health targets, Revitalising set out 44 action points. Most of these were implemented by 2006, with a small number of controversial legislative proposals shelved. Details on outstanding action points are given throughout this table.

Staffing

The HSE, like all government departments and agencies, has been hit by the civil service recruitment freeze, which was announced by the Government on 24 May 2010. Nevertheless, the HSE has managed to push ahead with the recruitment of a limited number of frontline staff. HSE (2010), Chief executive's report to the board (PDF format, 238K) (on the HSE website), HSE/10/66.

Published

HSE (2010), Self-reported work-related illness and workplace injuries in 2008/09 (PDF format, 684K) (on the HSE website); HSE (2010), HSE annual report and accounts 2009/10 (PDF format, 1.93MB) (on the HSE website).

Local authorities

See also Enforcement

Enforcement

Less than one in four local authorities (LAs) notified the HSE that they had taken a prosecution in 2008/09, with a further one in three submitting a "nil return" and one in 10 not bothering to send the HSE a return at all. During the year, the 400-plus LAs, together with county councils and fire authorities, managed to secure just 313 convictions, a decrease of 27 from 340 the year before. The average fine per conviction was £5,545, which was lower than the two previous years. LAs did, however, manage to issue more enforcement notices in 2008/09 (6,340, up from 6,010 in 2007/08. HSE (2010), Health and safety enforcement and prosecutions in local authority enforced sectors 2008/09: A report compiled by the HSE (PDF format, 43K) (on the HSE website).

LRBO

On 21 July 2010, the Government announced that the Department for Business, Innovation & Skills and the Better Regulation Executive would review the Local Better Regulation Office (LBRO) (external website), reporting to ministers in September 2010. The review will consider how successful the LBRO has been in achieving its objectives of creating the conditions for regulatory reform at the local level, and in delivering consistency for business, primarily through the Primary Authority (PA) scheme (on the LBRO website). The LBRO was introduced by the Regulatory Enforcement and Sanctions Act 2008 and is charged with ensuring local authorities (LAs) exercise their functions effectively, appropriately and without giving rise to "unnecessary burdens". The LBRO can provide guidance, financial support and assistance to LAs. It must also prepare a list of priorities that LAs should provide resources for. The LBRO has proved active in terms of health and safety, notably through the PA scheme and the Retail Enforcement Pilot. The PA scheme, which was established by the 2008 Act and launched on 6 April 2009, is available to all businesses that operate across two or more LA boundaries. Under the scheme, an LA - the PA - provides a business with regulatory advice on one or more issues, including health and safety, fire safety, environmental health, licensing and trading standards. The advice applies to all the business's outlets. The LBRO registers the PA partnerships and helps resolve any disputes. As at 3 September 2010, 144 partnerships were registered, of which around a quarter covered health and safety. The LBRO expects "hundreds" of partnerships to be in place by 2011, saving £50 million a year. Controversially, before local regulators start proceedings against an employer involved in a PA partnership, they will need to agree with the PA that the enforcement action is consistent with any advice that the PA has given. The HSE had concerns about the rights of the LBRO to block enforcement action in such circumstances and to issue statutory advice to LAs that might conflict with the HSE's duty to do so.

Major hazards

See also Chemicals, Gas

Pipelines

The amendments to the Pipeline Safety Regulations 1996, which were scheduled to come into force on 1 October 2010, have been delayed until 6 April 2011. On 12 July 2010, the HSE advised: "The coalition Government has introduced a new approach to regulation. This has resulted in the HSE and other government departments reviewing proposed regulatory measures to ensure they fit within the new rules and processes." The HSE now reports that the review has been completed and "led to a number of changes". It was "aiming to publish a detailed response/update" on its website in the week commencing 13 September 2010 and will alert all stakeholders when this is done. The Regulations cover the management of pipeline safety in Britain, UK territorial waters and the UK continental shelf. Consultation on the amendments closed on 1 March 2010 and proposed classifying gasoline and carbon dioxide as dangerous fluids under the 1996 Regulations. Other changes will: address the situation that develops after a larger company breaks up into smaller units with multiple ownership; place a duty on local authorities to implement their emergency pipeline plans without delay; and introduce a duty on the operator to notify the local authority and emergency services in specified circumstances. HSE (2009), Consultation on amendments to the Pipeline Safety Regulations 1996 and the Health and Safety (Fees) Regulations (PDF format, 822K) (on the HSE website), CD228.

Seveso reviews

The European Commission is due to publish a legislative proposal towards the end of 2010 for amending the Seveso II Directive, which is implemented in the UK by the Control of Major Accident Hazards Regulations 1999 (COMAH). With the new EU Regulation on the classification, labelling and packaging of substances and mixtures (CLP) now in force, the HSE notes a "new method of determining the scope of Seveso will need to be found, which will necessitate an amendment to the Directive. This work must be concluded and transposed into national legislation by 1 June 2015." The commission has rejected the idea of running a dual classification system under the two pieces of legislation, and instead is likely to pursue linking CLP with Seveso across all relevant hazard categories. The European Commission has set up a technical working group to look in detail at how the UN Globally Harmonised System on the classification and labelling of chemicals system, which was implemented throughout the EU by the CLP Regulation, will impact on Seveso. The group is examining how each of the main categories of dangerous substances in annex 1 of part 2 of Seveso could be aligned with the new CLP classifications (health, physio-chemical and environmental hazards). The group has published a draft interim report (PDF format, 766K) (on the HSE website). The HSE's strategy is to focus on the overall impact of Seveso rather than changes to individual substances. HSE (2009), Strategy for negotiating changes to the Seveso II Directive (PDF format, 84K) (on the HSE website), HSE Board paper HSE/09/03. A separate review of the Directive as a whole is ongoing and has seen two reports, which conclude that the fundamental legislative approach of Seveso is correct and that there is no need for any significant changes to the Directive. The HSE welcomed these conclusions and also agreed with the first report that high-level guidance on certain aspects of the Directive would be beneficial and that there was a need to address "anomalies relating to the coverage of preparations". The HSE was concerned, however, at recommendations to: extend some top-tier requirements to lower-tier operators; widen the scope to include other installations such as pipelines and marshalling yards; and to include security matters. The HSE also supported recommendations in the second report about land-use planning, inspections, additional guidance for safety reports, accident reporting, the provision of information to the public, and timescales for the preparation of external emergency plans. The HSE has contracted ORC International to gather information to inform the UK's impact assessment on possible changes to the Directive. The HSE is therefore asking companies to take part in a survey. Reports, survey details and latest position (on the HSE website).

Texas City

In August 2010, BP Products North America Inc agreed to pay penalties of $50.6 million (£32.7 million) for failures to comply with a settlement agreement made in the aftermath of a 2005 explosion that killed 15 people at the Texas City oil refinery. The US Occupational Safety Administration (OSHA) reduced its original total by $6.1 million (£3.95 million) because 29 of the 270 violations were duplicates. The settlement, which includes a commitment from BP to significantly increase regulatory oversight, does not cover 439 wilful violations, which resulted in a further $30.7 million (£19.88 million) in proposed penalties following a 2009 investigation and for which discussions between BP and OSHA remain ongoing.

Management

Line managers

The Royal Society for the Prevention of Accidents (RoSPA) launched a Big Workplace Discussion to help provide line managers and team leaders with effective leadership in accident and ill-health prevention. Following the close of written evidence on 9 July 2010, RoSPA said it had received a "substantial mailbag" and that it would hold a "Chatham House Rules" workshop at its Birmingham HQ on 28 October 2010. Details: Roger Bibbings.

CHaSPI

Users of the HSE-sponsored Corporate Health and Safety Performance Index (CHaSPI) are divided about its effectiveness and value, according to an HSE-commissioned review carried out by the tool's developer and manager, Greenstreet Berman. HSE (2010), Review of CHaSPI (PDF format, 825K) (on the HSE website), HSE RR813.

Published

British Safety Council (2010), Transforming the culture of workplace health and safety (on the British Safety Council website).

Manslaughter

Trial

The trial of the first company to be charged under the Corporate Manslaughter and Corporate Homicide Act 2007 (PDF format, 130K) (on the legislation.gov website) - Cotswold Geotechnical Holdings (CGH) - was adjourned on 23 February 2010 until autumn 2010 due to the ill health of its director, Peter Eaton, who also faces a charge of gross negligence manslaughter. The charges follow the death on 5 September 2008 of a junior geologist, Alexander Wright, who was killed while taking soil samples when the sides of a site survey pit in Stroud collapsed, crushing him. CGH and Eaton each face an HSW Act charge as well. The Act, which came into force on 6 April 2008, replaces the application of the common law offence of manslaughter to organisations with a new offence of "corporate manslaughter" ("corporate homicide" in Scotland). The key points to note are that the new offence: applies to nearly all public and private sector employers; turns on the failures of an organisation, rather than an individual "controlling mind", but nevertheless requires failures by an organisation's senior management; does not create any new duties for employers or individuals; restricts sanctions to an unlimited fine, although courts will also be able to make remedial and publicity orders; and excludes prosecutions of individuals.

Convictions

In the period covered by the table, there were no convictions of individuals for the common law offence of manslaughter (in relation to work).

Musculoskeletal disorders

Directive

The European Commission had been expected to publish by late spring 2010 a proposal for a single Directive on work-related musculoskeletal disorders (MSDs) that would cover all MSDs and combine the provisions of the 1989 manual handling and display screen equipment Directives, while allowing for a "flexible approach" to risk assessment. No progress was made, however, and the commission will undertake a further impact assessment, with any proposal delayed until 2011. Despite the Belgian Government initially indicating that it would make the proposal a priority for its Presidency of the EU during the second half of 2010, it did not appear on the commission' work programme for 2010. The HSE hopes the proposal will "fill in the gaps" between the two existing Directives, which have "not provided the improvements that were needed", failed to take a holistic approach to the management of MSD risks and are based on an "old-fashioned" approach that is reliant on training. Previous attempts to "simplify" the Directives have failed to advance beyond "social dialogue" (ie the earliest explorative stages). The EU held a conference in Amsterdam in October 2008 on the social and economic impact of future EU initiatives on MSDs; a majority of attendees consulted thought a new Directive covering all MSDs would have the greatest impact, despite there being no consensus among member states. Background details: HSE (2009), HSE Board minutes, 18 December 2008 (PDF format, 73K) (on the HSE website), HSE Board paper HSE/08/M8.

Published

HSE (2010), Ageing and work-related musculoskeletal disorders. A review of the recent literature (PDF format, 949K); HSE (2010), Further development of a tool for the assessment of repetitive tasks (March 2008-March 2010) (PDF format, 185K), HSE RR808; HSE (2010), Review of the three-year HSE mattress manufacturing initiative (PDF format, 1.35MB), ERG/09/24; musculoskeletal disorders mattress manufacturing initiative (all on the HSE website).

Nuclear

Basic Safety Standards

Basic safety standards (BSS) for radiological protection are set out in EU Directives adopted under the Euratom Treaty and in the Commission Recommendation on Radon (90/143/Euratom). The European Commission's general transport and energy directorate is seeking to "recast" the BSS instruments into a single, consolidated Directive. It asked its scientific experts group (known as the Article 31 group) for proposals to deliver this; the group's Opinion (PDF format, 742K) and a draft text (PDF format, 240K) (on the Europa website) are available on the EC website. The commission is now drafting a legislative proposal, which it will publish in 2011; the commission's impact assessment board will consider the proposal's impact assessment in November 2010. The HSE, which is the lead UK department, has been working with other government departments to ensure that a "breadth" of stakeholders' views informs the development of the UK influencing strategy and negotiating position. The three stakeholder working groups cover occupational, medical, and public and environmental exposures. The UK's implementing legislation includes the Ionising Radiation Regulations 1999 and Radiation (Emergency Preparedness and Public Information) Regulations 2001. The commission's review is part of a wider initiative that has already seen the International Commission on Radiological Protection approve new recommendations in April 2007 that revise its Publication 60 (the basis for the current BSSs). In addition, the International Atomic Energy Agency reviewed its own BSSs (on the HSE website). Details HSE Board paper HSE/09/05 (PDF format, 53K) (on the HSE website). Interested parties should contact the HSE policy team.

Incidents

There was one reportable nuclear incident at a UK nuclear installation in the six months to the end of June 2010 (at British Energy Generation's Dungeness B). In addition, the HSE has confirmed that an incident at Urenco UK's Capenhurst site in the last quarter of 2009 was, despite its initial uncertainty, reportable. HSE (2010), First and second quarters 2010 statements of nuclear incidents at nuclear installations (on the HSE website).

Offshore

Inspections

The HSE is undertaking an inspection programme of offshore oil and gas installations to ensure ageing infrastructure does not adversely affect safety. The Ageing and Life Extension Inspection Programme (Key Programme 4) will run until September 2013 and build on the earlier KP3, which focused on "here and now" offshore asset integrity.

Injuries

The offshore oil and gas sector's injury record deteriorated in 2009/10, with a combined fatal and major-injury rate that was almost twice that of the previous year. There was also a marked rise in major and significant hydrocarbon releases. HSE (2010), Offshore statistics bulletin (on the HSE website).

Published

HSE (2010), Planning to do business in the UK offshore oil and gas industry (PDF format, 58K); HSE (2010), Failures of manually operated side-door elevators, Bulletin no.OSD 4-2010; HSE (2010), Safety notice (all on the HSE website), OSD 3-2010 (offshore supply vessels).

Deepwater

Eleven workers were killed in an explosion on the Transocean Deepwater Horizon drilling rig in the Gulf of Mexico on 20 April 2010. The rig sank two days later, leading to an extensive oil spill off the US coast. At the time of the incident, Transocean, a contractor, was drilling an exploration well on Mississippi Canyon Block 252, in which British-based oil giant BP has a 65% interest. On 8 September 2010, BP published a report on its investigation (on the BP website), which concluded decisions made by "multiple companies and work teams" contributed to the accident, which arose from "a complex and interlinked series of mechanical failures, human judgments, engineering design, operational implementation and team interfaces". BP had advised that the early findings from its internal investigation, launched on 21 April 2010, indicated that the incident had been "brought about by the failure of a number of processes, systems and equipment". On 3 May 2010, under mounting pressure from the US Government, BP chief executive Tony Hayward insisted that while BP was responsible for dealing with the oil and its clean-up, it was not responsible for the accident. He told US television network ABC that the rig, the equipment that failed and the systems and processes that were running it were all Transocean's. The US Government has begun civil and criminal investigations. Hayward subsequently agreed to step down from his post. Although the UK continental shelf has deepwater wells similar to the one that sank, HSE chief executive Geoffrey Podger told the HSE Board that there are no deepwater rigs currently operating in the UK, where current drilling campaigns are at a water depth of 600 feet or less, as opposed to the 5,000 feet of the Deepwater well. In 2005 and 2006, the HSE served improvement notices on Transocean, which, said Podger, had complied with both notices and continues to have "significant drilling operations" on the UK continental shelf. HSE (2010), Chief executive's report to the board (PDF format, 287K) (on the HSE website), HSE Board paper HSE/10/47. The HSE is in contact with the US authorities and BP to ensure that lessons emerging from the incident are "rapidly assessed and, where appropriate, acted upon" and is working with other regulators on a joint submission to the Energy and Climate Change Select Committee, which in July 2010 announced a short inquiry into the implications of the incident on deepwater drilling in the UK. The HSE will give oral evidence in October. HSE (2010), Chief executive's report to the board (PDF format, 238K) (on the HSE website), HSE Board paper HSE/10/66. The European Commission was hoping to hold a further meeting in late September 2010 looking at the EU regulatory framework in the light of the incident; Podger advised that the commission's earlier suggestion of a temporary moratorium on deepwater drilling "did not attract support from member states". HSE (2010), Chief executive's report to the board (PDF format, 374K) (on the HSE website), HSE Board paper HSE/10/60.

Participation

"Do your bit"

The HSE launched a major new initiative in March 2010 to encourage employers to involve their workers in health and safety. "Do your bit" is a year-long campaign that offers free or subsidised training courses, and is supported by a new website that offers advice and materials. The HSE is initially aiming the campaign and subsidised (75% of cost) training at potential representatives of health and safety in non-unionised small and medium-sized enterprises in the construction, manufacturing, transport and motor vehicle repair sectors. The course covers: the basics of health and safety management; rights, roles and responsibilities; and negotiation skills. By August 2010, around 1,200 individuals had been trained. The fully funded training is open to all organisations seeking to bring managers and supervisors together with employee representatives to identify practical improvements. This course also offers training on specific topics and embeds good consultation practice in the organisations. The HSE reports the course as being "approximately 100% over-subscribed". Both courses are being independently evaluated. The HSE funded two pilot projects to train safety representatives and managers in health and safety in early 2010. The pilots were run by Construction Skills and Pro Skills (with the Unite and GMB unions). The "Do your bit" campaign (on the HSE website) is part of a £4 million two-year project to promote competent worker involvement in health and safety, mainly in smaller and non-unionised workplaces.

Published

TUC (2010), Behavioural safety: A briefing for workplace representatives (on the TUC website).

Physical agents

Overview

After failures in the 1990s to adopt a single Directive covering all physical agents, the European Commission decided to legislate through individual Directives on groups of physical agents. All four individual Directives - noise, vibration, electromagnetic fields (EMFs) and optical radiation - were adopted by 2006. In terms of their implementation in the UK: the Control of Vibration at Work Regulations 2005 (on the legislation.gov website) came into force on 6 July 2005 (SI 2005 No.1093); the Control of Noise at Work Regulations (on the legislation.gov website) came into force on 6 April 2006 (SI 2005 No.1643); the Control of Artificial Optical Radiation at Work Regulations came into force on 27 April 2010 (see below); and implementation of the EMFs Directive was delayed for four years (see below).

Optical radiation

Regulations implementing a 2006 EU Directive on artificial optical radiation were laid before Parliament on 6 April 2010 and came into force on 27 April 2010. Separate Regulations for Northern Ireland are also in force, although transposition for ships and fishing vessels remains outstanding in both jurisdictions. The HSE published an eight-page guidance leaflet a few days later. Detailed advice can be found in a 162-page European Commission-funded guide to the Directive from the Health Protection Agency (HPA). The Regulations aim to protect workers from the dangers of hazardous sources of artificial light, some of which - particularly UV radiation and light from lasers - can harm the eyes and skin. Common sources of artificial light in the workplace such as office lights, photocopiers and computers are excluded from the Regulations. The requirements complement the risk assessment provisions of the Management of Health and Safety at Work Regulations 1999 and cover risk assessment, elimination and reduction of risks, an action plan, information and training, health surveillance and medical examinations. The HSE believes the Regulations will affect only a small number of at-risk businesses that use hazardous light sources as part of their work activities and are not already properly protecting their workers. Consultation on the draft Regulations closed on 5 February 2010. The HSE received 60 comments but made few changes. The Control of Artificial Optical Radiation at Work Regulations (on the legislation.gov website), SI 2010 No.1140; HSE (2010), Guidance for employers on the Control of the AOR at Work Regulations (PDF format, 302K) (on the HSE website); HSE (2009), A consultative document on legislation to implement the physical agents (AOR) Directive (PDF format, 2.05K) (on the HSE website), CD227; HPA (2009), A non-binding guide to the AOR Directive 2006/25/EC (PDF format, 2.44MB) (on the HSE website); and Directive 2006/25/EC (PDF format, 803K) (on the EUR-Lex website), OJ L114/27.3.2006.

Published

HSE (2010), Gathering intelligence from referrals to HSL for HAVS (PDF format, 4.74MB) (on the HSE website), HSE RR821; HSE (2010), How the ear works, damage and ear protection: Potential effects of noise-induced hearing loss (on the HSE website).

EMFs

Implementation in member states of the 2004 electromagnetic fields (EMFs) Directive (on the HSE website), originally due on 30 April 2008, was delayed for four years by an amending Directive (2008/46/EC, OJ L114. 26.4.2008) to allow further research into areas such as the effect of the exposure levels on the use of technologies, for example magnetic resonance imaging. Publication of a proposal for amending the Directive had been anticipated for the second half of 2010, and the HSE advises that this remains the case, albeit towards the end of the year, once the European Commission has asked its Advisory Committee on Safety and Health for an Opinion (the HSE is the UK representative on the committee). The commission's impact assessment board was due to consider the proposal's impact assessment in September 2010. The commission awarded a contract to the FICETTI consortium to assess seven options (expanded from the original five) for the Directive: no legislative action, leaving the 2004 Directive (no.40/EC) in force; new binding exposure limit values; new binding exposure limit values with exemptions (with new alternative options of a complete derogation from the Directive, or from parts of the Directive based on a risk assessment); new, non-binding, legislative action (with new alternative options of good practice or social partner agreements); or no legislative action other than to repeal the 2004 Directive. FICETTI sent a questionnaire to stakeholders on 20 February 2009 and followed this up with interviews of targeted organisations. At the end of June 2009, FICETTI outlined to the commission its draft report on options for the delayed Directive, and sent a final report to the commission in October 2009. The HSE adds that it will "continue to work with the [commission] and other stakeholders to resolve the issues which resulted in the postponement of the original Directive, in a way that ensures the right balance is struck between patient care and the health and safety of the workers affected". The 2004 Directive required employers to carry out a risk assessment and, if this showed that the action values were exceeded, to devise and implement an action plan to prevent the corresponding exposure limit values from being exceeded. The Directive also covered warning signs, health surveillance and the provision of information, instruction and training. The HSE played a significant role in the final version of the Directive and advises that the Directive is based on the values incorporated in the occupational exposure guidelines issued by the International Commission on Non-ionising Radiation Protection, which are broadly in line with those of the National Radiological Protection Board.

PPE

Published

HSE (2010), Factors influencing the implementation of respiratory protective equipment programmes in the workplace (PDF format, 614K) (on the HSE website), HSE RR798.

Practitioners

Accreditation

An accreditation scheme for health and safety consultants should be in place this autumn, with the first list of consultants up and running at the start of 2011. The timetable was agreed at a meeting of health and safety professional bodies on 29 June 2011 and confirmed to the HSE Board a day later by the HSE's chief executive, Geoffrey Podger. Podger reported that the meeting's 20 attendees had agreed the scheme would be voluntary, open to those who can demonstrate the competencies (through qualifications and experience), contain continuing professional development, and have the ability to sanction those who behave unethically. Other attendees indicated that membership of professional bodies would fast-track accreditation and that the scheme would exclude occupational health providers (which are, to an extent, already covered by a scheme developed by the Faculty of Occupational Medicine). Podger told the board that he did not want to go into details of the meeting, but said the HSE would chair the governing body and be responsible for the setting-up arrangements. He emphasised, however, that the scheme would eventually be run by the organisations. The decision to establish the scheme follows completion of a feasibility study by the Institution of Safety and Health (IOSH) and the Chartered Institute of Environmental Health, which found support from consultants and small businesses for an accreditation scheme. It appears that the professional bodies were able to put to one side their rivalries and differences and move rapidly to a scheme, not least because they feared losing control of its introduction to Lord Young's ongoing health and safety review (see below). HSE (2010), Chief executive's report to the board (PDF format, 235K) (on the HSE website), 30 June 2010, HSE Board paper HSE/10/52. The idea for a scheme stems from a 2008 report from the House of Commons Work and Pensions Committee, which recommended that the Government, in consultation with IOSH, introduce recognised accreditation for health and safety consultants and advisers, "with appropriate sanctions for malpractice". In its June 2008 response, the Government accepted the recommendation but added it was for "the professional bodies themselves to come together to address this issue".

Regulation

Young Review

On 14 June 2010, the prime minister launched a Whitehall-wide review of the application and perception of health and safety legislation and the alleged growth of a "compensation culture". The review is being conducted by Lord Young of Graffham, who served as trade and industry secretary under Margaret Thatcher. David Cameron promised the review in December 2009 in a speech to the Policy Exchange, when he accused the UK's "over-the-top" health and safety culture of creating a "stultifying blanket of bureaucracy, suspicion and fear". There is no documentation associated with the review, just a list of often unfounded trivial complaints, and Young was expected to report to the PM in "late summer" 2010, although, on 27 August 2010 in an interview with the London Evening Standard, Young envisaged submitting his report in September 2010. Although the review, like his previous statements, lacked detail and evidence, Young highlighted the health and safety "burdens" faced by so-called low-risk small firms and his belief that the compensation culture could be costing the economy jobs.

New legislation

On 5 August 2010, Vince Cable, the secretary of state at the Department for Business, Innovation & Skills, announced that, from 1 September 2010, the coalition Government would operate a "one in, one out" system for all new pieces of legislation affecting business. The new system will be restricted to domestic and not EU-initiated legislation at first. Cable also announced Principles of Regulation that government departments must apply when considering new regulations impacting upon business, social enterprises, individuals and community groups. In addition, the independent Regulatory Policy Committee - which was established by the Labour Government in 2009 - will scrutinise the evidence and analysis supporting new regulatory proposals, prior to policy decisions being made. It will also analyse proposals for the implementation of EU legislation. In July 2010, Nick Clegg, the deputy prime minister, launched the Your Freedom website (external website), which allows businesses and the public to report to the Government "onerous" regulations they believe should be removed or amended. A scroll of the site shows that some safety legislation - the Work at Height Regulations for example - has been cited. In general, however, the comments are so few, and usually so trite, that it is difficult to envisage how any government - whatever its regulatory bent - could use them as a basis or justification for repeal.

Docks

Removal of the "docks form" had been due to take place on 1 October 2010, but has been delayed due to the Government's new measures on regulation (see above). The HSE reports that it is reviewing all its new measures against the tests agreed by the Reducing Regulation Committee and would report to the committee through the Department for Work and Pensions later in September 2010. The HSE received seven responses to its consultation exercise, which closed on 15 January 2010. All were broadly in agreement with the proposal to remove the requirement to complete a "certificate of thorough examination of certain vessels used for transporting persons by water", which is set out in the Docks Regulations 1988. The HSE believes the requirement is unnecessary because other, more relevant, legislation and guidance are available. The HSE first mooted repeal in its 2008 simplification plan. HSE (2009), Removing the requirement for a docks form (PDF format, 834K) (on the HSE website), CD 226.

Slips and trips

See also Construction, Work at height

Shattered Lives

The HSE described the response to the third phase of its Shattered Lives campaign (on the HSE website) as "tremendous". The campaign aims to reduce the incidence of workplace slips, trips and falls; the latest phase started on 1 February 2010 and saw the HSE send its direct-mail campaign pack to more than 260,000 UK businesses, with 14,500 requests for its free desktop "danger" display cards (on the HSE website). The campaign targeted the sectors with the highest injury incidence, ie health and social care, education, food manufacturing, food retail, catering and hospitality, building and plant maintenance, and construction. The campaign directs people to the Shattered Lives website for advice on cost-effective risk-reduction measures, a general slips and trips tool (STEP) and a work at height access equipment toolkit (WAIT). The 2008 and 2009 campaigns targeted similar sectors: independent evaluations of both found encouraging results, including high levels of recognition of the issue and confidence in dealing with it.

SMEs

Estates Excellence

The HSE's Estates Excellence pilot (on the HSE website) will end in October 2010. Launched in November 2009, the pilot involves HSE, local authority and fire staff visiting small and medium-sized enterprises on industrial estates in five towns and areas in southeast England, offering free advice and training to managers and workers. In addition, medical staff offer free basic occupational health testing. Email: Estates Excellence, tel: 0800 849 8012.

Published

HSE (2010), Healthy Workplaces Milton Keynes pilot: Evaluation findings (PDF format, 2.82MB) (on the HSE website), HSE RR809.

Stress

See also Absence, Health

Published

HSE (2010), Line manager competency indicator tool (PDF format, 98K) (on the HSE website); EU-OSHA (2010), European survey of enterprises on new and emerging risks: Managing safety and health at work (PDF format, 6.45MB) (on the European Agency for Safety and Health at Work website).

Transport - roads

Campaign

An independent evaluation of phase three of the HSE's Moving Goods Safely (MGS) initiative concluded it had been generally beneficial, although it could find no evidence of any link between MGS visits and reduced absence or accident rates. MGS aims to reduce injuries and ill health caused by moving goods in the logistics, road haulage and goods delivery sectors; the third phase - MGS3 - took place during 2007 and 2008 and involved HSE and local authority inspections and management audits focusing on risks from workplace transport, manual handling, and slips, trips and falls. The third phase, which was linked to a communications campaign on falls from vehicles, targeted several sectors including third-party logistics providers, road haulage and warehousing, and manufacturing supply chains. The HSE will take the results into consideration when planning future campaigns. HSE (2010), Moving goods safely 3: Evaluation report (PDF format, 1.82MB) (on the HSE website), HSE RR796.

Published

HSE (2010), Footwear and modifications to goods vehicles in the UK road haulage sector. A survey of goods vehicle drivers (PDF format, 408K) (on the HSE website), HSE RR793; HSE (2010), Safety notice FODS 5-2010 (on the HSE website) (concerns excavations near lamp columns with non-standard works).

Violence

Published

HSE (2010), Follow-up evaluation of HSE's web-based work-related violence toolkit (PDF format, 377K) (on the HSE website), HSE RR818.

Waste

Inspections

In October 2010, the HSE will start a three-year phased inspection of local authorities (LAs) that are clients and managers of waste and recycling services. Inspectors will look in particular at workplace transport in skip-hire operations, and at balers and compactors. Beyond LAs, HSE inspectors are continuing to target skip-hire operations and associated recycling activities during the remaining months to April 2011, looking in particular at hand sorting of recyclables ("totting") and the management of workplace transport risks. Details: HSE (2010), Inspection in the waste/recycling industry 2010/11: Workplace transport risks in skip-hire activities (on the HSE website). The HSE reports "steady progress" in its "lead inspector interventions", with "agreed intervention plans in place for six of the 10 companies [covered by the initiative] and under discussion in another two. Progress with the remaining two has been unavoidably delayed due to inspector moves." The report covered the year to April 2010, and the HSE reports "further steady progress" since. The 10 companies include Biffa Waste Services, Veolia Environmental Services (UK) and Sita Holdings UK, each of which has received multiple high-profile fines in recent months. HSE (2010), Update on waste management and recycling programme of work (PDF format, 84K) (on the HSE website), HSE/10/62.

Published

HSE (2010), Safety alert: People in commercial waste containers (on the HSE website), Bulletin no.OPSTD 5-2010; and HSE (2010), People in commercial waste containers, waste25 (PDF format, 88K) (on the HSE website).

Women workers

Pregnancy

Possible amendments to the pregnant workers Directive (92/85/EC) are at an early stage of development. The HSE advises that the women's rights committee of the European Parliament has suggested a set of amendments to the proposal, including ones on health and safety. The Parliament will consider the developments at a future plenary session, after the committee has worked on an impact assessment of the amendments.

Work at height

See also Construction, Slips and trips

Ladder Exchange

The HSE's fourth annual Ladder Exchange (on the HSE website) is running from 1 September 2010 to 30 November 2010. Ladder Exchange encourages businesses to get their ladders checked and, where faulty, trade them in at an HSE partner retail outlet for new ones at discounts up to 50%. The third Ladder Exchange - in 2009 - ended on 31 December 2009, bringing the overall total of "dodgy" ladders exchanged to almost 7,000 in three years. The HSE lists 17 partners where ladders can be exchanged: ABRU, A-Plant, Browns Ladders and Ceilings Ltd, Clow Group, Engex in association with CEF, Globe Ladders, HARSCO (formerly SGB Hire & Sale), HSS Hire, Ladderstore.com, Ladder & Fencing Industries (Newent), Slingsby, Speedy Hire, TB Davies, The Ladder Association, Travis Perkins, Youngman Group and Zarges UK. The HSE estimates that two million people work on ladders daily in the UK. Ladder Exchange is part of the ongoing Shattered Lives campaign (see above under Slips and trips) to reduce slips, trips and falls from height in the workplace.

Published

HSE (2010), Safety notice FOD6-2010 (on the HSE website); Strategic Forum for Construction (2010), Best-practice guidance for MEWPs. Avoiding trapping/crushing injuries to people in the platform (PDF format, 590K) (on the Construction Plant-hire Association website).

Working time

Directive

The European Commission has launched a fresh initiative to review the suite of working time Directives. The move follows the final breakdown of the last review when the EU's "conciliation" process failed to reach agreement in Brussels on 27 April 2009. Unions and employers subsequently called for a "period of reflection"; having reflected, the commission announced on 25 March 2010 that it was seeking the views of employers' and workers' representatives in the first stage of a consultation of the social partners to determine whether action is needed at EU level. The EU's commissioner for employment, social affairs and inclusion, László Andor, said the failure in 2009 does "not mean the problems around the existing rules have gone away. We still need to find a balanced solution that addresses the real needs of workers, businesses and consumers in the 21st century." He asked the social partners "to reflect broadly on this crucial issue and to come forward with innovative proposals that move beyond unsuccessful debates of the past". The consultation lasted six weeks and the commission is deciding whether to advance to a second stage, which would see full and detailed consultation of the social partners. The insurmountable hurdle in the 2009 "conciliation" process between the commission, Parliament and member states was the phasing-out of the opt-out from the 48-hour maximum working week. Although the UK is the main user of the opt-out, it is also present in one or more sectors in 14 other member states. The European Parliament and Council of Ministers also disagreed about the role of "on-call" time, which is pertinent to the health sector: although the MEPs accepted that on-call time could be calculated in a different way to working time, they insisted it should still figure in the total count of weekly working hours.

Workplace

Temperature

HSE attempts to update its advice on workplace temperatures have not made the progress envisaged earlier this year. Although HSE officials were to have reported to the HSE Board in April 2010 with a "timeline" for updating the advice, with the HSE reporting to ministers in May 2010, the timeline has yet to appear. The board decided on 23 September 2009 (PDF format, 637K) (on the HSE website) that there was a need for greater clarity around maximum workplace temperatures (on the HSE website), but that it first needed to engage with stakeholders before making recommendations. The board was considering a report it had commissioned on the issue and six options for action, ranging from "no change" to new legal maximums. At the board's January 2010 meeting, Jane Willis, the HSE's strategic programme director, said she was still talking to other government colleagues and would return to the board with "a mutually agreed timeline". The review originated in a request from the then work and pensions secretary; the HSE held a "stakeholder event" on 23 July 2009 to consider whether: legislation and guidance is up to date and reflects modern workplaces and working patterns; there is justification for having minimum recommended working temperatures but not maxima (although there is no statutory minimum temperature, HSE guidance suggests minimum comfort levels of 16°C, or 13°C if the work is physically demanding); more can be done to address the effects, including seasonal variations, on those working outdoors; and there are lessons that can be learned from good practice, for example access to drinking water and other facilities. The Government's intervention came after years of the TUC calling for a maximum temperature; in a May 2009 report, for example, the TUC said employers should be forced to act at 24°C, with staff sent home and their employers prosecuted at 30°C (27°C for physically demanding work).

Young workers

Campaign

The British Safety Council (BSC) (external website) launched a campaign to help young people understand the risks they may encounter at work. Speak Up, Stay Safe builds on the charity's efforts over the past three years to enable all young people aged 14-19 in full-time education to obtain an entry-level qualification in health and safety. To date, 50,000 young people have obtained the qualification. BSC (2010), Ensuring the safety and health of young workers.

Published

HSE (2010), How best to communicate health and safety messages to young learners in vocational education and training (PDF format, 1.95MB) (on the HSE website), HSE RR803; HSE (2010), The generation gap: Towards Generation Z (PDF format, 138K) (on the HSE website), Horizon Scanning SR024.

Further information

In addition to the specific web links provided, priced and free (plus cost of p&p) copies of HSE publications, and free downloads, are available from HSE Books (external website), tel: 01787 881165. The following free information is also available online:

• HSE guidance (external website), ACoPs, leaflets etc.
• HSE advice (external website) (HSE InfoLine), or tel: 0845 345 0055.
• HSE consultative documents (external website).
• HSE research reports (external website).
• HSE Board meeting papers (external website).
• HSE website (external website).
• Acts of Parliament and Regulations (on the legislation.gov website).
• EU Directives and Regulations (on the EUR-Lex website) (Official Journal of the EU).