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| Select
Committee Report - Public Safety |
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| 158. |
This is not an issue into which the Committee
was able to enquire in detail during the
inquiry. However, we note that employers
have a duty to conduct their undertaking
so as not to expose the public to health
and safety risks . In 2003/04, HSE investigated
6.9 per cent of injuries to the public reportable
under RIDDOR. This is an increase compared
to 1997/98, when only 2.4% were investigated
but is a reduction compared to 9.1 per cent
in 2001/02.
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| 159. |
HSC/E has announced its intention to ‘determinedly
move away from intervening in those areas
of public safety that are better regulated
by others or by other means.’ The Centre
for Corporate Accountability (CCA), however,
argued that no other body has the power
to enforce section 3 of the Health and Safety
at Work Act. A death in custody, may, for
example, be a result of inadequate working
practices or training and such organisational
matters would not be considered by the police.
CCA has obtained a legal opinion on the
question as to whether the policy is in
breach of HSE’s duty to ‘make
adequate arrangements for the enforcement
of these duties.’ This concluded that
the policy was ultra vires and was extremely
likely to lead to unlawful decisions that
would be amenable to legal challenge. If
this is the case, HSE may not be able to
rely on withdrawing from areas of public
safety as a means of freeing up resources
for other activities. |
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