HSE urged to step up enforcement

Industry leaders have expressed concern at the apparent reduction in resources being allocated by the Health and Safety Executive (HSE) to the enforcement of health and safety legislation.

Bob Towse, head of the HVCA's technical and safety department, has spoken out following the introduction of higher penalties by the new Health and Safety Offences Act 2008 for employers who put their workforce at risk.

The Act raises the maximum penalties that can be imposed in the lower courts for most health and safety offences from £5000 to £20 000, and makes imprisonment an option for a wider range of offences.

The changes will ensure that sentences can be set at a level that will deal with businesses that do not take their health and safety management responsibilities seriously, and will further encourage employers and others to comply with the law.

"The Act sends an important message to those who flout the law," said Judith Hackitt, chair of the Health and Safety Executive (HSE), adding that good employers and good managers had nothing to fear from it.

"I want to remind businesses that there are no changes to their existing legal duties, and that safeguards are in place to ensure that the new powers will be used sensibly and proportionately," Hackitt insisted.

However, Towse said that, while higher fines would no doubt make some positive difference to compliance levels, the HVCA "would like to see a greater degree of enforcement and policing by the HSE".

"According to our members, there used to be many more unannounced visits to construction sites by HSE officials than there are today," he pointed out.

He also expressed his concern that the HSE seemed to interpret their role as" swooping in and slapping the wrists of businesses following an incident, regardless of whose fault it was".

"There is a limit to how much business can do, even in areas such as training," said Towse. "In certain cases, the HSE should instead consider taking action against the site operatives concerned."

The Health and Safety Offences Act 2008, which amends Section 33 of the Health and Safety at Work Act 1974, comes into force in January next year.