Conclusion



Our analysis raises a number of issues that the local authorities themselves and the HSE need to confront

Failure to provide the HSE 'Annual Returns'
Local Authorities are not under any legal obligation to return information on their enforcement record to the HSE - but the only way the HSE can assess local authority enforcement is if they do so. In the year we looked at, 35 local authorities failed to return their annual returns. These are named on the CCA website. Consideration needs to be given as to whether there should be a legal obligation upon Local authorities to provide this information and till then, the HSE needs to liaise closely with those local authorities that fail year in year out to provide data.

Numbers of Inspectors
The report highlights the low level of local authority inspectors with health and safety enforcement powers. There is a clear correlation between the levels of inspectors and the level of inspections and investigations. The HSE itself has recently indicated its concerns about the low levels. –There is an urgent need for the government to provide adequate resources to local authorities which are ring fenced to be spent on health and safety enforcement, including the recruitment and training of more inspectors. However at the same time local authorities must give greater priority to health and safety issues

Inconsistent use of inspection/investigation/enforcement powers
The report indicates huge disparities in the way different local authorities in the levels of inspection, investigation and use of enforcement notices. Clearly, this report is only looking at one year of data - and so it is only a snapshot of the record each local authority. Yet the disparities must be of serious concern - there can be no rationale why all major injuries are investigated in one local authority but none are investigated in another.

Role of the HSE
The HSE's Local Authority Unit has some supervisory powers over local authorities. However HELA is very underresourced itself. For example, there is only one person employed to carry out audits of health and safety enforcement in 410 local authorities. This compares to the Food Safety Authority which has over 40 people engaged with auditing. In recent years a new system of audit was introduced using local authorities to audit each other, however consideration needs to be given to strengthening the power of the HSE over the way local authorities carry out their functions, and supporting those authorities who are failing.