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28 April 2007

HSE Chief Executive admits that prosecution levels should be "considerably higher" and tells staff of concern at low prosecution levels, FOIA e-mail show

Although HSE's Director General, Geoffrey Podger, has issued a statement today saying that reduction in conviction levels following construction sector deaths is a 'distraction', eight months ago he e-mailed staff saying that prosecution levels should be 'considerably higher"

To see a copy of HSE's statement, click here
To read about the reduction in convictions in construction sector, click here

This message to staff was obtained by the CCA through a Freedom of Information Act request.

The HSE have also admitted that the increase in construction deaths is 20-25% rather than the 10-15% that they had originally published in its press release today.

Geoffrey Podger sent this e-mail subsequent an internal audit which showed that within the sample of 126 cases considered, there should have been three times as many prosecution.

To read more about the HSE audit click here


In the e-mail he tells staff that the audit:

"found that the principles of the Commission's Enforcement Policy Statement (EPS) had not always been followed in making decisions. If they had, then the number of prosecutions would have been considerably greater than was actually the case. The implications of this need to concern us all."


A copy of the Geoffrey Podger e-mail is below

The CCA is also suprised that the HSE is stating that some data in the UCATT report may be inaccurate, since the information comes from an analysis of data in HSE's own web-based prosecution databases. If there is any inaccuracies, this is due to inaccuracies in HSE's own databases - which would therefore have been seriously misleading the public.


E-mail from Geoffrey Podger

Sent: 17 August 2006 10:54
To: Rachael Radway
Subject: Global Message - Enforcing in line with the Enforcement
Policy Statement

STATUS: For the information of all staff in HSE (including HSL)

Geoffrey Podger, Chief Executive, has approved the following message. If you have line management responsibility for staff who do not have access to e-mail it is your responsibility to ensure they see this
message.

Dear colleague

Enforcing in line with the Enforcement Policy Statement

We all agree that formal enforcement activity is a powerful tool for achieving major change in the management of risk and improvement in the protection of workers and others. Our proportionate use of enforcement powers underpins and amplifies the effect of many of our other actions. It is therefore vital that we have confidence and can demonstrate that we use our powers in a way which is fully consistent with the HSC Enforcement Policy Statement.

The Enforcement Programme was established last year to build on the best practice available within the organisation and make sure it is consistently applied in all our work. While much good practice has been identified, there is also evidence from a number of sources including the recent Regulatory Decision Making (RDM) audit, that there is significant scope for improvement in our enforcement decision making .

This audit, which involved experienced inspectors, reviewed the
decisions taken in over 100 cases. In the majority of cases the panel agreed with the actions taken by inspectors and there was no evidence of over-zealous behaviour. However it also found that the principles of the Commission's Enforcement Policy Statement (EPS) had not always been followed in making decisions. If they had, then the number of prosecutions would have been considerably greater than was actually
the case. The implications of this need to concern us all.

The HSE Board wants to re-iterate that formal enforcement activity (serving notices and taking prosecutions) continues to play an essential part in what we do. Whilst we do not want to see enforcement for enforcement's sake, or to set specific enforcement targets, we wish to make it clear that, in the exercise of discretion, we expect the principles set down in the Commission's Enforcement Policy Statement, supported by the guidance set out in the Enforcement Management Model, to be closely followed. It is also important that adequate records of the decision making process are kept.

To this end we have asked Sandra Caldwell, Kevin Myers and Mike Weightman to set out for their managers and inspectors clear expectations on the use of enforcement, and to make any changes to their business arrangements that are necessary to ensure that all our enforcement decisions are demonstrably consistent with the EPS.


GEOFFREY PODGER
JUSTIN McCRACKEN


The Centre for Corporate Accountability is a human rights charity advising those bereaved from work-related deaths, and working on issues of safety, law enforcement and corporate accountability.

For Press Enquiries
Centre for Corporate Accountability

0207 490 4494
david.bergman@corporateaccountability.org.uk

 

 

 
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