Performance Report 2007

Great Britain has a world-class health and safety system, but there’s still need for improvement

Targeting a

better workplace

Although the past year has seen us achieve some real and positive outcomes in terms of tackling the number of people made ill or injured at work, there’s no escaping the fact that if we are to meet all our targets, we face some tough challenges.

The recent fatal injury statistics revealed that the number of workplace deaths in 2006/07 has risen to 241 — an 11% increase on last year’s figure. Together with our regulatory partners in local government, we’ve worked hard with industry and trade unions to bring the number

down, so this increase is hugely disappointing to everyone.

And let’s not forget that behind every one of these numbers was a man or a woman with a life, friends and family. Despite all the negative health and safety myths out there, the reality is that we simply want to prevent these tragedies.

Almost a third of deaths happened in the construction sector, with other industries such as agriculture and waste and recycling continuing to pose challenges.

Despite this, the long-term fatal injury trends are still downward.

Reducing injuries We are now on track to meet targets for fatal and major injury reduction. The rate of employee major injury shows a falling trend from 1997/98 to 2002/03, and again from 2003/04 to 2006/07. The overall change between 1999/2000 and 2006/07 shows a fall within the range of 7% to 11%.

The most common kind of injury results from a slip or trip and these numbers are not dropping as much as we’d like so we’re redoubling our efforts. Our plans include a major media campaign aimed at catering and hospitality, food and drink

�

manufacture, construction, and maintenance workers.

The high number of injuries in the construction industry is particularly challenging. We have had some success, particularly in terms of engaging larger organisations, so we are now targeting efforts where injuries remain high — such as smaller new-build and refurbishment companies.

Reducing ill health We are not on track to hit our target to reduce cases of ill health. The incidence rate of self­reported work-related ill health rose sharply in the 2006/07 Labour Force Survey to a level similar to that in 2001/02. This contrasts with earlier indications of a downward trend between 2001/02 and 2005/06.

The rise appears to be due largely to greater reporting of new cases of musculoskeletal disorders and stress-related illness. This is revealing, as the past year has seen substantial engagement with stakeholders on a wide range of health issues: we have seen the continued roll out of the management standards for stress and a number of campaigns such as Better Backs, Bad Hand Day (dermatitis) and Don’t Take the Gamble (asbestos).

We are doing more work to understand the drivers behind this sudden rise in self­reported ill health and will take any necessary action as this becomes clearer.

Reducing days lost We are not on track to meet our targets in reducing working days lost, which have risen in 2006/07. This rise is strongly influenced by the increase in self-reported work-related ill health and is most significant in relation to stress.

Looking forward Despite areas of poor performance by dutyholders in some sectors, it’s important to recognise that Great Britain has a first-class health and safety system. And it’s a system that is constantly changing as it adapts and reacts to different employment patterns in an evolving economic landscape.

Although we have made gains in some areas and the overall trend in fatal injuries is downward, the latest figures on ill health and days lost are cause for concern and demonstrate that we have a lot more to do.

So the challenge now for health and safety is to renew our efforts so we achieve our targets and improve working conditions further.

�

Musculoskeletal disorders, slipping and tripping, and stress were the three most commonly reported health and safety risks

The numbers

Key facts for 2006/07 are: › 241 workers were killed

at work. › 141 350 employees suffered

serious injuries at work. › 2.2 million people were

suffering from an illness they believed was caused or made worse by their current or past work. 646 000 of these were new cases in the last 12 months.

› 36 million days were lost overall (1.5 days per worker), 30 million due to work­related ill health and 6 million due to workplace injury.

�

�

Partnership working remains vital to improving workplace health and safety in Great Britain

Working in partnership

The HSE/local authority Some of the main at ensuring consistency partnership developments during 2006/07 and adherence to ‘better Partnership working is fast have included: regulation’ principles. These becoming ‘the way we do › widespread local government include the development business’ and remains vital to involvement in policy and of a common competency improving workplace health and programme development; framework for all health safety in Great Britain. Over the › joint working on both initiatives and safety inspectors and a past three years, HSE and local and routine business; national system of ‘flexible authorities have built a solid › planning processes to deliver warrants’ for local authority partnership to make the best HSC’s priorities being better and HSE inspectors. use of respective strengths in aligned with local authority tackling national, regional and planning timescales; But HSE and local authorities local priorities. › further progress in giving local cannot alone be responsible

However, some challenges authorities access to common for improving the nation’s remain in shaping and supporting guidance, technical support, occupational health and safety. the partnership so that it becomes training and research; We’re also working closely with even more effective in delivering › a range of developments other organisations to achieve health and safety outcomes. on enforcement, aimed mutual objectives. For example,

�

through new authoritative effort by the Crown Office and guidance on directors’ Procurator Fiscal Service, the responsibilities for health and police, HSE and others to make safety, HSE, with the Institute sure it will work in practice. of Directors, is reaching out to HSE in Scotland is to improve boards and directors to secure training, evidence collection and their commitment to ensure reporting arrangements. successful health and safety The Q-fever outbreak at a performance. major beef production plant

resulted in a major incident HSE in Wales investigation and, ultimately, Under flexible warranting, HSE much proactive work. This and the six local authorities was because of the increased of North Wales are working knowledge gained, including closely as part of the Work a greater awareness of the at Height campaign. This organism and its serious effects. system allows officers from one Working in partnership with the authority to work on behalf of Scottish Health Service, Animal another. Local authority officers Health, Defra and the Scottish were trained and warranted Executive Environment specifically to target aerial and and Rural Affairs satellite dish installers. The Department as programme will continue into well as the trade 2008 and has already resulted association in several Improvement Notices for provision of training and equipment.

HSE recently teamed up with Bro Morgannwg NHS Trust to assess the benefits to both meant this patients and staff of using electric knowledge was profiling beds. The beds, which widely shared. This has can move the patient from lying reduced the likelihood of to sitting up comfortably, benefit future outbreaks as well as patients in several ways as well improving procedures. as reducing manual handling risks for staff. The beds are Worker involvement expected to be used throughout It is vital that managers Wales within three years. include workers and their

representatives in decisions HSE in Scotland about health and safety. For The Scottish Work-Related example, HSE has recently Deaths Protocol was launched piloted the use of worker in October 2006 and since involvement to bring a new focus then there has been a huge to noise and vibration risks in

construction and manufacturing. This involved working with

20 companies and successfully demonstrated how cooperation between workers, safety representatives and managers can improve the handling of long-term health problems.

Another example saw HSE teaming up with the TUC to train safety representatives to carry out risk assessments for musculoskeletal disorders.

HSE will continue to reach out to both workers and managers in its key campaigns.

�

We believe this sharing and learning approach will pave the way for our vision of Great Britain leading the world in the control of major hazards

Majorhazards

Loss of control of risk in major hazard industries has the potential for catastrophic consequences — as recent global incidents such as at Texas City, Thorp and Buncefield clearly demonstrate.

Major hazard industries include nuclear, offshore oil and gas, and onshore industries — chemical manufacture and storage, explosives, high-pressure gas storage and distribution, dangerous pathogens and genetically modified organisms. Because of their intrinsic hazards, HSE’s regulatory approach is to

ensure these industries have multiple barriers, operational as well as technical, in place to control risks. This places more emphasis on process safety, which involves a greater degree of technical and specialist oversight.

There are many common challenges across these industries and HSE aims to stimulate the sharing of best practice both within industries and between them. Topics such as management systems, human and organisational factors, ageing of plant and equipment and performance

�

indicators are all important, as are safety culture and leadership for health and safety.

To help catalyse this, HSE is planning a conference in April 2008 to bring together chief executives to share experience on how committed leadership can deliver a strong, effective safety culture in major hazard organisations, reducing the risks of major incidents.

We believe that this learning approach, coupled with rigorous application of the appropriate standards at major hazard facilities, will pave the way for our vision of Great Britain leading the world in the control of major hazards.

Targets HSE’s objective is to reduce the likelihood of catastrophic incidents in major hazard industries. The frequency and nature of catastrophic events makes them unsuitable as measures of health and safety performance in these industries. Instead, incidents that have the potential to lead to, or develop into, a catastrophic event are used as indicators — precursor incidents.

Progress towards our precursor incident targets

shows a mixed picture with nuclear and onshore both on track but offshore currently at risk of not meeting its target for reduction of hydrocarbon releases. The combined effects of high levels of activity (due to the high price of oil) and an ageing infrastructure continue to challenge the industry to improve its performance.

HSE is engaging with the offshore industry at all levels to address these challenges, with particular emphasis on the ‘movers and shakers’ to ensure they give this issue priority by demonstrating effective commitment and leadership. A recently published report on the findings of a major review of the management of installation integrity has elicited a top-level commitment from the industry to build on successes and address the identified shortcomings.

Demands on HSE resources from the Energy Review, ageing of facilities, industrial change, the implications for nuclear new build and the continuation of the Buncefield investigation will all affect not only our ability to meet targets, but also to influence the wider management of major hazard risks in the longer term.

Buncefield HSE’s follow-up work into the explosion and fire at the Buncefield fuel storage depot at Hemel Hempstead in December 2005 continues, with many recommendations from the independent Major Incident Investigation Board now in the public domain. These recommendations cover design and operation of fuel storage depots and emergency preparedness and response.

Working with regulatory partners, the Environment Agency and the Scottish Environmental Protection Agency, HSE has developed a new containment policy that will see significant improvements in standards. Improvements in overall standards for ensuring safety at fuel storage sites are now being implemented, and this

has been facilitated by the establishment of a joint regulator/industry task group.

Nuclear HSE and the Environment Agency have developed a Generic Design Assessment process for assessing safety within potential designs of new nuclear power stations. Under this process, they will begin to make a rigorous examination of the safety, security and environmental aspects of new nuclear reactor designs. Further work is contingent on the government’s decision regarding any role for nuclear in the future energy mix.

There are also significant challenges for HSE

associated with the regulation of an ageing operating fleet of reactors and the nuclear legacy of

�

these assets and associated operations.

Leading through experience The government asked HSE to lead the investigation into August’s foot and mouth outbreak in Pirbright. HSE applied its experience as the biosecurity regulator of human pathogen laboratories and its extensive forensic and investigation skills. With colleagues from Defra, the Veterinary Medicines Directorate and the Health Protection Agency, supported by Surrey Police, the Central Science Laboratory, the Meteorological Office and the Health and Safety Laboratory, this complex, thorough and exhaustive investigation was completed within four weeks.

Improved monitoring of process safety performance Guidance designed to help major hazard industries take a more proactive approach to risk management was launched late in 2006. A joint publication by HSE and the Chemical Industries Association, Developing process safety indicators: A step-by-step guide for chemical and major hazard industries is intended to help senior managers and safety professionals develop and use performance indicators to critically examine whether their risk control systems, both hardware and software, are operating as intended. HSE has run several seminars

and workshops with the industry to encourage major hazard companies to develop appropriate indicators.

HSE’s Nuclear Directorate has also been working with the industry, environment agencies, the Nuclear Decommissioning Authority and the Defence Nuclear Safety Regulator to develop safety performance indicators. The project is currently in a pilot phase, focusing on collection and use of licensee data.

10

11

We will continue to take enforcement action for the right reasons in the right circumstances

A just cause We firmly believe that serious breaches are found. Notices and prosecutions enforcement, or the fear of Figures for 2006/07 show by local authorities* 2005/06 it, is a powerful motivator increased levels of enforcement (latest figures available): for improving risk control. action. Improvement Notices: 5220› Continuous improvement in the Prohibition Notices: 1550› effectiveness and consistency of Notices and prosecutions by Offences prosecuted: 257› investigation and enforcement HSE 2006/07: Convictions: 247› activities is an ongoing priority. Improvement Notices: 5069› Average penalty per› HSE and local authorities will Prohibition Notices: 3002› conviction: £9674 (excluding continue to take enforcement Offences prosecuted: 1141› fines over £100 000, the action for the right reasons in Convictions: 848› average is £4935) the right circumstances, both to Average penalty per› deal with situations where things conviction: £15 370 (if fines * Although the local authority have already gone wrong and, in excess of £100 000 are figures show a fall in the number importantly, to prevent people excluded, this gives an of convictions and offences being injured or made ill where average of £8723) prosecuted, the number of

1�

Prohibition and Improvement Notices issued has increased. Also, the overall conviction rate showed a marked improvement, rising to around 96% — a ten-year high. Finalised local authority enforcement figures for 2006/07 will be not be available until December 2007, but there are early indications that the number of successful prosecutions has risen significantly in 2006/07.

Supporting victims As part of its investigation and enforcement activities, HSE is committed to supporting victims such as the injured and bereaved families. This includes offering people

the opportunity to make a written victim personal statement, which allows their views to be heard in a subsequent investigation and court case.

Targeted enforcement Nearly one in three construction refurbishment sites inspected within a two-month period this year put the lives of workers at risk. This startling figure came after HSE carried out over 1500 inspections as part of its rolling inspection programme, resulting in enforcement action on 426 occasions. Work at height remains the biggest concern —

over half of the enforcement action taken during this

inspection initiative was against dangerous work at height, which last year led to the death of 23 workers.

With the number of migrant workers in Great Britain growing rapidly, HSE wants to make sure they receive the same level of protection as other workers. With staff from the Gangmaster Licensing Authority, the police, fire and rescue services and local authorities, HSE inspectors in Cornwall organised joint visits to daffodil and brassica harvesting operations, reaching 1068 migrant workers supplied by 16 separate labour providers. Working conditions were found to be poor in about 40% of visits, with the provision

1�

of proper welfare facilities a particular issue. Enforcement action was taken in 12 cases, where conditions were significantly below the standards expected. Further work is continuing with Cornwall’s farmers to achieve the necessary improvements.

Blast furnace explosion Steelmaker Corus UK Ltd was fined £1.3 million plus nearly £1.75 million in costs for a breach of health and safety law. This followed an explosion at a blast furnace in Port Talbot, South Wales in November 2001 in which three employees were killed and others seriously injured. The explosion was caused by water from the furnace’s cooling system coming into contact with hot materials inside the furnace and producing a sudden pressure rise. The investigation was led by inspectors from HSE’s Cardiff office with vital contributions from the Health and Safety Laboratory and specialist inspectors. Higher fines have been handed down following breaches of health and safety law but they have always been associated with deaths of members of the public.

Examples of cases where enforcement powers have been used to good effect include:

■ A Bradford businessman was sent to prison for six months for not complying with a Prohibition Notice. This followed a serious accident to a Slovakian casual labourer, who was permanently disabled when he fell during the partial demolition of a house. The circumstances of the injured man meant he was not entitled to any state assistance to pay for his ongoing care and was not in a position to pursue a civil claim. Against this background HSE took the unusual step of successfully seeking a compensation order on his behalf.

■ The managing director of a manufacturing company was sent to prison for 12 months for manslaughter following the death of an employee who became caught in unguarded machinery. The company failed to take HSE advice or apply improvements arising from Notices across all its sites. HSE is now monitoring the company to ensure future compliance.

■ A national supermarket chain was prosecuted and fined £3500 plus £8000 costs after an employee trapped his arm in an inadequately guarded dough brake in use at the in-store bakery. A Prohibition Notice was also served during the investigation, preventing further use of the machine until a safe system of work for its use was devised.

■ A retail superstore selling beds and bedding was prosecuted and fined £1000 plus costs following the breach of a Prohibition Notice relating to access to mezzanine areas without suitable access/edge protection. The Prohibition Notice was served at an earlier inspection; breach of the notice was noted during a subsequent inspection.

1�

1�

Sensible risk management is about saving lives – not stopping people from living

Modern regulator

Saving lives, not stopping them Last year we launched a set of sensible risk-management principles. Thanks to the support of stakeholders, including an increasing number of local authorities, the word is spreading. More and more people are becoming aware that sensible risk management is about saving lives — not stopping people from living.

So we’ll continue to target our resources where they’re most needed. We won’t ‘over­regulate’ good performers but will concentrate more on

those who need advice or enforcement action.

Robust governance Plans to merge the Health and Safety Commission and Executive into a single body are progressing. We believe this will give us a more robust governance framework and a stronger voice while keeping our focus firmly on promoting good sensible advice and taking action against poor performers.

Taking the sensible route Last year we launched our Better Regulation Simplification

1�

Plan to reduce the administrative burdens on business by 25% by 2010. This included a major initiative to help businesses focus on the practical management of risk, rather than paperwork. HSE has also simplified its guidance and web pages on the Control of Substances Hazardous to Health Regulations (COSHH) and will continue to review its guidance

to ensure it promotes effective risk management through proportionate risk assessment.

To help businesses take the sensible route, HSE, with the help of employers, employees and local authorities, has launched a series of example ‘good enough’ risk assessments for a range of industries. These can be found at www.hse.gov. uk/risk/examples.htm.

17

Reducing administrative burdens while promoting better regulation

New responsibilities

Following the Hampton report, Reducing administrative burdens: effective inspection and enforcement, and the government’s Better Regulation Action Plan, HSE took on responsibility for some additional areas of regulation during 2007.

Adventure Activities Licensing Authority (AALA) Providers of certain outdoor activities (caving, climbing, trekking and water sports) to young people under the age of 18 need a licence issued by the AALA. A commercial company,

Tourism Quality Services Ltd (TQS), was designated as the AALA and issued licences for almost 11 years.

A new designation order made HSE the AALA. HSE entered into a contract with TQS for them to perform most of the inspection and administrative duties on HSE’s behalf. Providers are required to have sufficient, adequately trained instructors and to have effective safety management systems. HSE will ensure that TQS has acceptable standards in place.

1�

Office for Civil Nuclear Security (OCNS) and UK Safeguards Office (UKSO) OCNS is the government’s regulator for security in the civil nuclear industry and is responsible for ensuring that the industry complies with the requirements of the Nuclear Industries Security Regulations 2003. OCNS, along with UKSO, has now transferred from DTI to HSE to form, with the Nuclear Installations Inspectorate, the Nuclear Directorate. The Nuclear Directorate will provide the platform from which to

deliver greater regulatory coherence, consistency and synergy.

REACH HSE has taken on the role of UK Competent Authority for REACH (Registration, Evaluation and Authorisation of Chemicals). This is new EU legislation which came into force on 1 June 2007 and will impact on a range of companies. HSE is raising awareness among those likely to be affected and has set up an advice service and targeted advertising.

19

Don’t chance it, change it

Changing

attitudesSome 12 million people or businesses have been reached by HSE’s major national advertising campaigns. Also, HSE has introduced a new strapline — ‘Don’t chance it, change it’.

Sector-specific campaigns offer opportunities to appeal to smaller audiences, for example, the dermatitis in hairdressing initiative was aimed at 35 000 salons. Also, campaigns were targeted at managers of maintenance workers who have to deal with asbestos (80 000 responsible for 1.8 million workers). Delivering

action on the ground reveals useful information about attitudes to risk, which can be changed though further campaigns in 2008.

Communication campaigns, combined with enforcement initiatives, offer good opportunities to convert awareness into action. For example, the hairdressing campaign was reinforced by local authority environmental health officer visits to around half the salons targeted. Subsequent research shows that 87% of managers visited reported providing gloves and creams to

prevent dermatitis compared with 32% of managers not visited.

The autumn 2007 advertising and direct mail campaign to reduce falls from vehicles targeted those who manufacture, buy or operate vehicles (14 000 of them) and 24 000 site managers.

�0

21

No one should believe that they can get away with serious breaches of health and safety

Challenges for the future

The challenge facing HSE and Our desire to focus on and imaginative ways in which local authorities is to further the real causes of harm in the health and safety regulatory improve the health and safety workplace is threatened by activities can play a part in record of Great Britain through tales of risk-averse decisions them). There’s also the impact the delivery of the Health and that trivialise health and safety. of the Local Better Regulation Safety Commission’s strategy. We will take a more robust Office, its links with HSE and

While we are seeing approach to promoting sensible other ‘Hampton Regulators’ and improvements where we have risk management, and pointing its focus on the Rogers Review focused our efforts, there are out where actions are excessive priorities for local authority sectors and topics, particularly and daft. regulatory services. construction and ill health, There are a number of And over the next three where more time and sustained significant challenges ahead for years, HSE has some internal effort is required. local authorities as regulators, business challenges to meet

We will also remain a firm including the introduction while maintaining business and proportionate enforcer. No of compulsory Local Area continuity. one should believe that they can Agreements for all local Our settlement for the get away with serious breaches authorities in England by April Comprehensive Spending of health and safety law. 2008 (and developing innovative Review 2007 will require us to

��

carefully target our resources. Subject to Parliamentary approval, the merger of the Health and Safety Commission and Executive will take place in spring 2008; it will provide for more modern governance arrangements. And HSE will establish a single HQ at its existing offices on Merseyside, which will improve HSE’s

cohesion and efficiency, and create a unified and vibrant headquarters at the heart of a successful national organisation.

Further information You can learn more about the themes described in this report by visiting our website www.hse.gov.uk.

2�

Further information HSE priced and free publications are available by mail order from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA Tel: 01787 881165 Fax: 01787 313995 Website: www.hsebooks.co.uk (HSE priced publications are also available from bookshops and free leaflets can be downloaded from HSE’s website: www.hse.gov.uk.)

For information about health and safety ring HSE’s Infoline Tel: 0845 345 0055 Fax: 0845 408 9566 Textphone: 0845 408 9577 e-mail: hse.infoline@natbrit.com or write to HSE Information Services, Caerphilly Business Park, Caerphilly CF83 3GG.

© Crown copyright This publication may be freely reproduced, except for advertising, endorsement or commercial purposes. First published 11/07. Please acknowledge the source as HSE.