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Seperation of Advice from Enforcement within HSE
The HSC are considering whether or not to seperate out its advice and enforcement functions. Below is what a recent HSC statement, said about this.

12 Some consultees have told us that they would like to see an advice service separated from the enforcement function - an approach used in the Netherlands and the United States. The Commission received a presentation in December 2002 from the Dutch enforcement agency explaining their approach. Their system was introduced in 1994 and requires every employer to have a contract with a certified occupational health service. A key benefit is said to be comprehensive and trusted good quality advice free from enforcement and any perceived conflict of roles. Equally, they acknowledge that their system has increased the administrative burden on the employer, an issue they are trying to address.
13 The literature review that helped inform the strategy’s development indicated the roles of enforcement and advice are not mutually exclusive. The two functions work together to reinforce each other, and the combination is necessary for consistency. Stakeholders tell us that, above all, they value our and LAs’ advice because it is viewed as authoritative.
14 Complete separation would require extensive legal and organisational changes as current legislation restricts our ability to separate these functions easily. We would also foresee major cost implications for which no provision exists at the current time. In addition, at this moment in time, we do not have any hard evidence to suggest that the service would be improved as a result. A member of HSE staff is visiting the Netherlands in the autumn to find out at first hand how this approach works in practice. Once this visit has been assessed and their scheme more properly evaluated, we will consider the applicability of the Dutch model in greater detail to see if all or parts of it would be of value here.

To download, the full document, click here

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Page last updated on December 11, 2004