eucosh project on osh in high risk sectors eu/uk labour (osh) inspection systems stewart campbell...

EUCOSH Projecton OSH in High Risk Sectors

EU/UK Labour (OSH) Inspection Systems Stewart Campbell

WORKSHOP ON WORK SAFETY RESPONSIBILITY SYSTEMS

WITHIN OSH INSPECTION SYSTEMS15 – 16 APRIL, 2014, BEIJING

Q1. What are the main characteristics, laws, and regulations related to safety inspection systems? The situation concerning the establishment of the safety standards system (the relation of standards vs. laws/regulations)? (1)

• There are a number of aspects to this question:a. the legal frameworkb. the enforcing authoritiesc. the powers and responsibilities of

inspectorsd. the systems of inspection


• The legal framework:• EU Directives form the basis for the majority of

UK OSH law (and that of all other Member States (MS))

• However, EU law does not cover the establishment of inspecting authorities nor the appointment of inspectors

• UK core legislation for all sectors is the Health and Safety at Work (HSW) Act 1974 and applies to employers, employees, the self-employed, and to risks to members of the public


• The enforcing authorities:• In the UK, the HSW Act establishes the Health and

Safety Executive (HSE) as the principal OSH “enforcing authority” under the Department for Work and Pensions (DWP)

• The HSE Board is “tripartite” and represents a wide range of interests

• HSW Act also establishes “local authorities” (LAs) as the enforcing authority for a wide range of mainly “lower risk” workplaces

• All sectors at present under HSE oversight except railways; nuclear sites are being prepared to come out of HSE oversight


• The powers and responsibilities of inspectors (1)

• HSW Act Sect 19: Appointment of inspectors• HSW Act Sect 20: Powers of Inspectors• HSW Act Sect 21 sets out the powers of

inspectors to issue “Improvement notices”, section 22 sets out the power to issue “Prohibition notices” and section 25 sets out the power to deal with a cause of imminent danger.


• The powers and responsibilities of inspectors (2)

• HSW Act Sect 26 gives the power to the enforcing authorities to indemnify their inspectors

• HSW Act Sect 39 allows inspectors to prosecute offences in the Magistrates Court, even if they are not a lawyer.


• The systems of inspection:• The “systems” of inspection – the “who, what,

where and how” of inspection – are not covered by the law

• Systems have been developed and modified over many years through research, evaluation, experience, tripartite and professional discussion, evidence and judgement

• High level resource allocation and priorities determined by DWP and HSE Board and degrees of discretion delegated downwards

Q2. How the setup, affiliations, and responsibilities of Central and local labour inspection agencies are divided in the EU?

• ILO Convention 81 suggests (with provisos) that labour inspectorates “shall be placed under the supervision and control of a central authority”.

• In most of the EU, inspectorates are national inspectorates with regional and sub-regional offices.

• In Germany the main local government divisions, the Laender, have a great deal of autonomy in the delivery of the labour inspectorate functions.

• In the UK inspection is divided between HSE and local authorities on a sector basis. LAs are represented on the HSE Board and there are a number of formal mechanisms to ensure coordination between HSE and the LAs.

Q3. What duties do other government departments that are responsible for inspection have? What is their relationship with safety inspection agencies? (1)


• The scope of labour inspection across the EU varies widely

• OSH can often be a relatively small part of a labour inspectorate’s responsibilities

• Each MS has a large number of other inspectorates covering eg legislative controls on tax, education, social work etc.

• The police in each MS are an important partner of the labour inspectorates.


• In the UK, because of the broad scope of the HSW Act and its coverage of risks to the public, inspectorates covering eg the health service, care homes, schools, the emergency services, prisons, road and rail transport, building control etc have an overlap with HSE

• Where overlapping responsibilities exist, these are detailed, and responsibilities assigned, in “memoranda of understanding” between the different organisations.

Q4. Analyse the pros and cons of the features/characteristics of mine safety inspection systems, as well as coal and non-coal mining inspection methods.

• There are only a handful of deep coal mines operating in the UK, and some open-cast.

• Inspection normally has to be announced.• Inspection related to owner assurance

about potentially catastrophic events; gas, dust, collapse, flood.

• Inspection directed towards long-term health risks.

• “Conventional” risks also have to be taken into account.

Q5. How to set OSH approval (i.e. to give a permit or licence) requirements concerning (1) the design of working environment/processes, (2) machinery and equipment, and (3) workers for specialist jobs (e.g. working with explosives, working in height, forklift and crane drivers, etc.)? What permits are needed for authorisation? Which departments are responsible for giving the permits? (1)

• (1) A very broad question and practice in EU varies quite widely.

• In most MS there are controls upon the structure of new buildings, but in many the design of the working environment is not subject to approval.

• (2) Design of eg lifts, cranes, pressure vessels have for many years been subject to independent testing and approval.

• Machinery is subject to testing and certification.• Much of this area covered by specific EU

Directives

Q5. How to set OSH approval (i.e. to give a permit or licence) requirements concerning (1) the design of working environment/processes, (2) machinery and equipment, and (3) workers for specialist jobs (e.g. working with explosives, working in height, forklift and crane drivers, etc.)? What permits are needed for authorisation? Which departments are responsible for giving the permits? (2)

• (3) Workers in special jobs are usually required to have training specific to that job, and training providers or training courses may be approved by the labour inspectorate

• Amongst those generally requiring special “permits” are explosives workers, divers, crane and forklift operators, asbestos workers, and radiation workers, but form of “permit” varies.

Q6. Is there a difference between “labour safety administrators (executives)” and “inspection enforcement officers” concerning their enforcement powers? How is responsibility divided? Is it possible to set up a specialist enforcement team for certain targets/issues? (1)

• The usual understanding is that the functions of labour inspectors are set out in the law, and only inspectors appointed under that law can exercise these functions.

• Labour administrators will not normally have the powers of inspectors, and will not be able to exercise enforcement powers if these powers are specifically given to inspectors only.

• It is not unusual for inspectors to move temporarily into an administrative position but not vice-versa.


• It is quite normal for non-inspectors to assist in the delivery of inspector functions, including enforcement, for example by gathering technical or forensic evidence, preparing dossiers and reports, or arranging visits.

• It is also normal for some staff to be given a limited number of the functions of inspectors and to carry out a limited range of work, or to take only limited enforcement action.

• It is also customary to establish specialist teams either for longer term projects or for short-term initiatives, which may include a range of inspector and non-inspector staff.

• Such teams may be local teams, regional teams or national teams or “virtual” teams.

• Members may be full time or part time.


• Some examples of UK teams:• A mixed HSE/LA virtual team to inspect and enforce in

relation to incorrectly positioned or maintained LPG pipework.

• A linked set of national teams to take coordinated action against large multi-site employers.

• Three local teams to take action against illegal gangs of cockle pickers (this followed a multiple fatality incident involving Chinese workers).

• A local team to investigate and enforce in relation to an outbreak of Legionnaires disease.

• A local team to examine problems during demolition of buildings using explosives.

Q7. How to ensure that work injury insurance (workmen’s compensation systems), accident insurance companies and industry associations, as well as society intermediary organisations (like licenced OSH consultants or companies) are put to best use with regard to work safety?

(1)

• Relationship between insurance and labour inspection is complex and sensitive.

• Insurance organisations tend to have greater technical expertise (and perhaps resources, generally).

• Insurance organisations tend to have better accident information (though may not use it in the best way).

• Important that insurance organisations and inspectorates work closely together.

Q7. How to ensure that work injury insurance (workmen’s compensation systems), accident insurance companies and industry associations, as well as society intermediary organisations (like licenced OSH consultants or companies) are put to best use with regard to work safety? (2)

• Many continental MS have well-developed insurance organisations which organise compensation and rehabilitation.

• The UK and Ireland have provisions for compensation, but rehabilitation is dealt with through the National Health Service.

• The insurance industry is also responsible for much of the maintenance and testing of sensitive equipment such as lifts.


• In most, if not all MS, the social partners and professional or social intermediary organisations are directly involved in the establishment of OSH strategies and priorities.

• Generally such organisations will build upon and support the national strategy, but retain a right to take action on issues which they believe are under-recognised, or are more important to their members.

• For example, two of the main social intermediary organisations in the UK have been campaigning for years to persuade the HSE to become more involved in work-related road traffic accidents.


• In the UK, the main employer organisations and trade unions all have specific offices for OSH and contribute to national discussions. They also are members of a number of tripartite sector advisory committees to HSE.

• The main professional organisations have active memberships, and meet regularly, both locally and nationally, to debate, share experience and expertise, and influence national and local strategies. They also publish professional magazines and journals, and have active and informative websites.

• In Scotland, a formal partnership for health and safety has been established, which brings together HSE/LAs and all the main employer/employee organisations, public health, workplace health promotion, professional organisations and the main government departments to agree local priorities and strategies.

Q8. How to carry out accident investigation? Who is responsible for organising it? How to determine blame (or quilt) with regard to a work accident or other OSH violations? How much quilt, blame or punishment can be directed for the OSH supervisors (i.e. safety inspectors and company safety managers) on violations in OSH rules and regulations? (1)

• Accident investigation:• Important to retain and protect physical

evidence until it can be examined.• Important to interview witnesses quickly.• Important that inspector leads

investigation and is not distracted from the task.

• Very important to hear “both sides of the story”.


• Primary purpose is not to determine blame but to establish cause (physical or organisational or both).

• Secondary purpose is to determine from the cause how a further accident can be prevented (based on the general principles of prevention).

• Tertiary purpose is to act on the conclusion in relation to prevention.


• The primary responsibility under the law in the EU rests with the company, the employer or the owner of the enterprise – that is, whoever profits from the enterprise.

• The company and its board of directors who manage the enterprise in order to maximise its profit are those whose responsibilities need to be examined first.

• Safety inspectors or company safety managers usually have relatively little control over, or involvement in, production management decisions.


• In the EU, except in particular circumstances of direct involvement of a decision or instruction, safety staff are not normally seen as having primary responsibility.

• In the EU, it is not normally seen as appropriate or helpful for effective prevention to see the labour inspector as having responsibility or blame when something goes wrong – this detracts from the primary responsibility of the employer.

• In the UK over many years, legal cases have clearly established this approach – both the primary responsibility of the employer, and the inspector’s protection from blame.

Q9. How is the responsibility for labour safety (OSH) divided? What safety inspection duties do the people in charge of the company need to perform? What responsibilities are assumed by the industry management department and the safety (inspection) department respectively? (1)

• In the EU, it is expected that each company will have a “health and safety policy” which sets out how the company will deliver its responsibilities under OSH Law, and its OSH aims and targets.

• This will make it clear that the primary responsibility is with the industry management chain, which should take health and safety into account in all its decision-making.

• The safety department should be seen as having an advisory and monitoring function to the industry management department.

Q9. How is the responsibility for labour safety (OSH) divided? What safety inspection duties do the people in charge of the company need to perform? What responsibilities are assumed by the industry management department and the safety (inspection) department respectively? (2)

• In the EU it is expected that the Board (or management team/senior managers in a smaller company) will regularly monitor how its safety policy and aims are being delivered, in the same way as it would do for financial or other targets.

• It is also expected that the senior manager locally will lead on accident or incident investigation assisted by the safety advisor.

• It is regarded as essential for effective OSH management that the workers are explicitly involved in helping to determine OSH strategies, in decision-making at the various levels in the company, in monitoring progress, and in accident and incident investigation.

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eucosh project on osh in high risk sectors eu/uk labour (osh) inspection systems stewart campbell...

Documents

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safety standards system

systems of inspection

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work hsw act

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