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| Select
Committee Report - Selective Enforcement |
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| 154. |
There is concern that certain important
aspects of the legislation are not enforced.
Mr Hugh Robertson of the TUC told us that
the ‘two twin pillars’ of health
and safety culture – involvement of
the workforce and risk assessment –
are ‘not there at the moment.’
These fundamental aspects of the legislation
are rarely enforced. For example, there
was concern from trade unions at the lack
of enforcement action on the regulations
dealing with consultation with employees
and safety representatives (see Chapter
14). Levels of enforcement of the regulations
requiring employers to conduct risk assessments
are also very low. In 2002/03, there were
only 109 informations laid (leading to 66
convictions) under regulation 3 of the Management
of Health and Safety at Work Regulations
1999. Given the lack of awareness of these
regulations (some 43% of employers), this
seems a very low level. (See Appendix 3) |
| 155.
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The issue around whether an employer was
using competent persons to assist them in
complying with their duties under health
and safety law was another area in which
more enforcement is said to be needed. Figures
from HSC/E show that in 2002/03, there were
one conviction and 81 improvement notices
issued under the relevant regulation (regulation
7 of the Management of Health and Safety
at Work Regulations 1999.) |
| 156. |
The Royal Society for the Prevention of
Accidents told the Committee that :
“Very
importantly, HSE need to prioritise
their enforcement effort towards the
rectification of underlying health and
safety management weaknesses such as
the absence of professional advice,
absence of appropriate management and
skill [in] H&S training, absence
of risk assessment, absence of active
and reactive monitoring, absence of
consultation and performance review
etc”
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| 157. |
Given that risk assessment, the use of
competent persons to assist with health
and safety requirements and worker participation
is crucial to implementing European health
and safety legislation, the Committee
believes that HSE should increase the
visibility of its enforcement action in
those areas.
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