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From: Hazards Campaign Charter
Section:
Enforcement
Provide Increased Resources for all Enforcement Authorities and
Agencies (HSE, Local Authority EHOs, Fire Authority and Environment
Agency)
Ensure Stricter Enforcement Policy on all H&S Legislation
Weak enforcement of weak legislation drives safety standards downwards.
The Hazards Campaign seeks an undertaking that the HSC, HSE, Local
Authority Environmental Health Officers, the Fire Authorities and
the Environment Agency, will be properly funded and adequately resourced.
The philosophy and enforcement policy of all the agencies with
responsibility for health and safety at work should be greatly strengthened.
The Hazards Campaign seeks a comprehensive strategy involving groups
and organisations with experience and expertise across a broad spectrum.
The current legal framework means that powers of enforcement and
prosecution are predominantly the perogative of HSE Inspectors and
Environmental Health Officers. Private prosecutions are very difficult
and there is no right of appeal against the decision of an enforcement
officer not to prosecute. The Hazards Campaign seeks a reform of
health and safety law which would allow safety representatives to
initiate private prosecutions against employers and which would
establish the right of appeal over an enforcement officer's decision
not to take action or prosecute.
Take more preventative enforcement action on risk assessments
Enforcement agencies claim that risk assessments are the key to
safer workplaces but they are extremely reluctant to prosecute the
huge number of employers who either fail to comply with this legal
requirement or carry out inadequate risk assessments. The Hazards
Campaign demands that the HSE rigorously enforce the requirement
for suitable and sufficient risk assessments under the Management
of Health and Safety at Work, COSHH and Manual Handling Regulations
and other regulations.
Replacement of Guidance with Regulations and ACoPs
The HSE's criteria for selecting Approved Code of Practice (ACoP)
or Guidance on Regulations, are not applied consistently. The distinction
between ACoP and Guidance is more apparent than real and ACoP should
be the preferred supporting guidance to all Regulations
Establish a Review of HSE Philosophy, Restructuring of Health
and Safety Commission (HSC)
The Hazards Campaign would like to see wider consultation and representation
on the HSC involving minority groups and interests, to counterbalance
the overwhelmingly powerful role of business. The current arrangements
serve the interests of employers' organisations to the detriment
of working people, particularly in areas of enforcement policy and
the setting of exposure standards for chemicals.
Ensure that all accidents in connection with work are thoroughly
investigated
All accidents occurring in connection with work should be investigated
as health and safety incidents. This must include road traffic accidents
involving workers or members of the public and these statistics
must be added to the other statistics on workplace deaths and injuries
to give a truer picture of the human costs of work.
Trade Union Safety Representatives to be given the right to issue
Provisional Improvement Notices (PINs)
See section on Safety Representatives Rights below.
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