Workplace Safety without Law Enforcement Health and Safety

Workplace Safety without Law Enforcement? Health and Safety at Work Institute of Employment Rights Conference London, 12 th June David Whyte, University of Liverpool

The Emasculation of Enforcement (Tombs and Whyte, 2010) since 1999: All types of enforcement notice fallen by a third 48% fall in prosecutions Driven by declining ‘pro-active’ regulation? (UNITE/CCA 2008) 2001/02 – 2006/07 Investigation of major injuries halved Number of investigations into three-day injuries cut by 2/3 rds Number of major injuries to members of the public cut by three quarters The end of credible threat of enforcement?

Enforcement in Crisis Removal of credible threat of legal sanction? Sends message to both employers and employees. Anecdotal evidence that message is being heard… Political/policy silence ‘A large number of responses and comments I received related to the issue of enforcement of the regulations. A wideranging consideration of the extent and nature of enforcement activity is largely beyond the scope of this review…. ’ (Löfstedt Report)

FOD Inspection Records 80000 70000 60000 50000 40000 30000 20000 10000 0 1999/002000/012001/022002/032003/042004/052005/062006/072007/082008/092009/102010/112011/122012/13

Withdrawal of Inspection…. (Tombs and Whyte, 2010) HSE inspection activity since 1999: • Two thirds fall in FOD inspections Between 2006/07 and 2012/13: • Investigations stablised at low level (below 30, 000) • Hazardous installations division inspections fallen by 48% ……withdrawal of inspection has direct impact on enforcement (typically 5%-7% of enforcement notices result from RIDDOR reports; and typically between a quarter and a third of prosecutions)

From targeted intervention to ‘low risk’ 2005: Hampton report based on: 1. Gordon Brown’s sustained ‘risk-based’ attack on socially protective regulation 2. a concept of targeted intervention against ‘bad’ corporate citizens Published in the midst of the most significant shift in enforcement/pro-active regulation in 3 decades 2010: Coalition quickly exploited weakness of regulators to shift Key government ‘inquiries’ (Young, Löfstedt etc. ) validate ‘low risk’ concept Government sources/HSE fail to respond to universal criticism

The big ‘low risk’ lie Ending of proactive inspections in low risk workplaces done by subversive policy not legislation or parliamentary process DWP list of ‘low risk’ workplaces’ quickly extended (includes most manufacturing, docks, quarries, as well as all of the workplaces outside the HID responsibilities; see Hazards, January 2013) None of this is justified by HSE using a health and safety rationale (O’Neill, 2013) Shift away from so-called low risk workplaces partly predicated on a shift in pro-active focus to hazardous work. BUT this is also part of the big lie….

HID Inspection Records 4500 4000 3500 3000 2500 2000 1500 1000 500 0 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13

Specialised industries 600 500 400 SID - Explosives 300 SID - Gas and Pipelines SID - Biological Agents 200 100 0 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13

Specialised INDustries Biological agents inspections have fallen by 73% reason not related to industry/decline in hazards…. Explosives inspections at same level Gas and Pipelines inspections have risen by 45% - culture of awareness of criminal negligence in industry - indicated by recent open letter to HSE by Plumbing and Heating Contractors Association - is this impacting upon inspection?

Chemical Industries Division 2500 2000 1500 1000 500 0 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13

Chemicals Industry inspections between 2006/07 and 2012/13 Chemicals Industry Division inspections have fallen 40% Industry relatively buoyant Consistent growth in productivity for early half of this period Post-crash some loss of jobs (CIA estimate 10% loss) projected to be regained

MINES inspections 350 300 250 200 SID - Mines 150 100 50 0 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13

Mines inspections between 2006/07 and 2012/13 Mines inspections have fallen by 94% reflects the decline of the industry? BUT workers have paid a heavy price. . an industry out of control? Hazards Magazine (116, Oct/Dec 2011): showed between 2005/06 and 2010/11, UK coal mining fatality rate over 60 times the all-industries rate for same period and documented “HSE’s deadly optimism” Daw Mill – massive fire in April 2013 (previously 3 workers killed at Daw Mill 2006 -2007)

Offshore Safety Division 900 800 700 600 500 400 300 200 100 0 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13

Offshore Inspections between 2006/07 and 2012/13 Offshore Safety Division inspections have fallen by three quarters 2007 - two major platform fires and condemnation by MPs of industry ‘on a knife-edge’ Industry relatively buoyant – employment rates rising slightly