HSE Update

Mike WaltersHM Principal Inspector of Health & Safety

Kent Delivery Group, Ashford

Health and Safety Executive

What to Expect from Today........

• What we are up to locally in Kent

• Legislation & Guidance Changes

• An update on the wider political position of health & safety

• What to expect in the future

• Questions!

Very Busy in Kent!

• Have 10 staff covering the county but this equates to ~ 7.5 FTE (taking into account P/T contracts)

• 4 fatal accidents in Kent since April 2014– Waste & Recycling, Domestic Gas, Services Sector &

Agric/Forestry

• Continue to target high risk sectors of industry:– Food, Woodworking, Engineering, Waste & Recycling,

some Plastics factories, Ship Building/Repair, Ports (Project)

• Targeting poor performers:– AIRs, accident history, complaints, other intelligence led

visits………

Very Busy in Kent!

• Continuing very heavy reactive workload at present. Up to the end of February 2015 (Last years (2014) figures in brackets):– 115 (94) Complaint investigations completed– 24 (32) Complaint investigations on-going– 143 (141) RIDDOR investigations completed– 66 (65) RIDDOR investigations on-going– 6 (3) Fatal investigations waiting for inquest

• ~20% reactive load of Southern Division

Very Busy in Kent!

• Enforcement levels (2014 figures in brackets):– 59 (68) PNs issued– 109 (125) INs issued

Prosecutions Heard

• 16 Prosecutions taken by my group since April 2014

• Total Fines: £138,920

• Total Costs: £72,995– Ms Josephine Zielinksi t/a JBZ

Builders– Colombier UK Limited– Island Leisure Products Ltd– European Active Projects

Limited – Highways Agency (CC)– John Kenward (Director)– North Quay Trading Ltd– Shepherd Neame Limited

– Ash Catering Ltd t/a Ashford Café

– Mr Stephen Bellingham– Newsquest Media (Southern) Ltd– Veetee Rice Ltd– Mr Paul Hockey t/a PCH

Plumbing– Yusen Logistics (UK) Ltd– Cummins Power Generation Ltd– Kingsnorth Waste Management

Ltd

Prosecutions Heard (Contd)

• Maidstone & Tunbridge Wells NHS Trust

• Fined: £180,000

• Costs: £14,970

A sedated patient suffered debilitating injury when a saline bag caused a warming mattress to reach temperatures high enough to cause full thickness burns.

It is believed the bag was inadvertently placed on a sensor intended to monitor the mattress temperature, providing an inaccurate reading that prompted the equipment to continue heating.

Mike Wilcock, 56, awoke from a minor operation with third degree burns to his hip and buttock as a result of the incident at Maidstone Hospital on 25 September 2012. As he had been under anaesthetic, he had been unaware of what was happening and was therefore unable to alert medics.

HSE’s New Chief Executive

• Dr Richard Judge

• Joined HSE in November 2014– First Class Honours Degree in Engineering Science– PhD (on reinforced concrete)– Qualified as a chartered director. Professional background as a

chartered engineer. Fellow of the Institution of Mechanical Engineers

– Spent early career with UK Atomic Energy Authority– Spent three years as MD of a railway research organisation in the

Netherlands– Joined the Civil Service in 2007 as CEO of Cefas (Government’s

Marine Research Organisation)– Moved to The Insolvency Service where he was Inspector General

and CEO

Guidelines

• Consultation opened on 13 November 2014 and ran to 18 February 2015

– http://sentencingcouncil.judiciary.gov.uk/docs/Health_and_safety_corporate_manslaughter_food_safety_and_hygiene_offfences_consultation_guideline_(web).pdf

• Possible increase in fines in Magistrates’ Court

– www.bbc.co.uk/news/uk-27774455

Construction DivisionHealth Risks Initiative

Summer 2014

85 sites received a Notice13 Prohibition Notices Issued

107 Improvement Notices Issued

560 Sites Visited201 sites received health related NoCs

Total of 235 NoCs issued

Construction DivisionSafer Sites Initiative

Autumn 2014

1748 Sites Visited691 not to standard

390 sites received a Notice

313 Prohibition Notices Issued235 Improvement Notices Issued

Construction DivisionSafer Sites Initiative

Autumn 2014

The Political BackdropStill playing it’s part……

Spending Reviews

SR10

HSE to make at least 35% savings over the 4 years from April 2011

Autumn Statement 5/12/2012

Dept savings 1% (2013) & 2% (2014)

SR13

DWP savings of ~9% (2015/16)

Exact HSE amount still not agreed yet

Autumn Statement 5/12/2013 & 3/12/2014

Extra 1.1% Dept budget cuts for 2014 & 2015 + Further, deeper cuts

New Minister in Reshuffle

• Appointed to be Minister for Disabled People in July 2014

Another New Minister in Reshuffle

• Lord Freud

• Conservative representative in the House of Lords

• Parliamentary Under Secretary of State for Welfare Reform

• Took responsibility for health & safety late 2014

Government Response to Triennial Review

• The Government responded to the Triennial Review Report which was originally published in January 2014. Response published in June 2014

– https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/323221/govt-resp-triennial-review-hse.pdf

The Smith Commission Report

• On 27 November 2014 The Smith Commission published it’s report detailing Heads of Agreement on further devolution of powers to the Scottish Parliament

– http://www.smith-commission.scot/wp-content/uploads/2014/11/The_Smith_Commission_Report-1.pdf

Review of Powers of Entry

• Report published in November 2014 – https://www.gov.uk/government/uploads/system/uploads/att

achment_data/file/380221/dwp-powers-entry-review.pdf

• Draft Code of Practice published in December 2014

– https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/383079/Code_of_Practice_-_Powers_of_Entry__web_.pdf

Deregulation Bill – Self Employed

• Currently at Report Stage

• In the House of Lords on 21 October 2014

• Prescribed list of activities voted on and passed with 253 “for” and 175 “against”

• In House of Lords on 11 February 2015

• Keep up to date with progress of the Bill– http://services.parliament.uk/bills/2013-14/deregulation.html

Health and Safety Executive

Health and Safety Executive

Fee for Intervention: HSE’s Cost Recovery Regime

Fee for Intervention – How it works

• Effective as of 1 October 2012

• Compliant businesses will not pay a penny

• Recovery of costs for formal intervention

• Current cost £124 per hour

• Prosecution costs sought through the Courts

• Invoicing every two months with 30 days to pay

• Disputes and queries process established

FFI - Material breach - Reminder

Definition:• A material breach is where you have broken a health and

safety law and the inspector judges this is serious enough for them to notify you in writing. This will either be a Notification of Contravention, an Improvement or Prohibition Notice, or a Prosecution.

Principles: • The Inspector must apply the principles of the Enforcement

Management Model (EMM) and the Enforcement Policy Statement (EPS), when deciding whether to notify the dutyholder in writing.

Some Figures………..

Some Figures………..

Some Figures………..

Some Figures………..

Some Figures………..

Fee for Intervention Guidance

• Full Dutyholder Guidance• www.hse.gov.uk/pubns/hse47.pdf

• A5 Inspector Visit Handout• www.hse.gov.uk/pubns/hse48.pdf

• Queries & Disputes• www.hse.gov.uk/fee-for-intervention/queries-and-disputes.pdf

• Enforcement Management Model (EMM)• www.hse.gov.uk/enforce/emm.pdf

Review of Fee for Intervention

• Independent Review Panel of FFI in June 2014

– http://www.hse.gov.uk/fee-for-intervention/independent-ffi-review-panel-final-report-2014.pdf

Review of Fee for Intervention

Judith Hackitt, Chair of HSE, said:

“Both HSE and the Government believe it is right that those who fail to meet their legal health and safety obligations should pay our costs, and acceptance of this principle is growing. This review gives us confidence that FFI is working effectively and should be retained. We will continue to monitor the performance of Fee for Intervention to ensure it remains consistent and fair.”

The report, published by HSE today, along with associated research papers, concludes that “it [FFI] has proven effective in achieving the overarching policy aim of shifting the cost of health and safety regulation from the public purse to those businesses who break health and safety laws.”

New Regulations Coming….

Some More New Regulations

• Acetylene Safety (England, Wales & Scotland) Regulations 2014

• Petroleum (Consolidation) Regulations 2014• Explosives Regulations 2014• Genetically Modified Organisms (Contained

Use)(Consolidation) Regulations 2014

– “One In-Two Out” system operated by the Government when it comes to Regulations

ACoPs Revised (Some Examples)

• Consulting Workers on Health & Safety (L146)• Safe Use of Work Equipment (L22)• Safe Use of Woodworking Machinery (L114)• Safe Use of Power Presses (L112)• Safety in Docks (L148)• 5 x Diving ACoPs (L103, 104, 105, 106 & 107)• Unloading Petrol from Road Tankers (L133)

Revised Guidance (Some Examples)

• A Guide to Transport Safety (HS(G)136)• Health & Safety in Care Homes (HS(G)220)• Selection, Management & Use of MEWPs (GEIS6)• Working Safely with Acetylene (IND(G)327 rev1)• Health & Safety Made Simple (IND(G)449 rev1)

Myth Busters Challenge PanelDecember Delights!

Case 336 - DIY store refused to cut a door

Case 335 - A Town Council have a sign saying "Please do not feed the gulls in the interests of health and safety“

Case 334 - Banners taken from football supporters for health and safety reasons

HSE & HSL Branded Websites

• Still remain in place but continue to be regularly reviewed

What does the future hold?New Government?

More of the same……..

• Proactive visits to high risk sectors of industry (list may change…..)

• Assessment of compliance based more on health issues

• Proactive visits to poor performers

• Mandatory RIDDOR investigations– www.hse.gov.uk/enforce/incidselcrits.pdf

• Complaint investigations

• Intelligence from other Agencies

• Training new Trainee Inspectors!

And Finally…….

Health and Safety Executive

Health and Safety Executive