Sarah Palfreyman HM Inspector of Health and Safety Metals, Minerals and Engineering Sector
Opportunities and challenges: Better Regulation • Post Implementation Reviews • Some regulatory consolidation and amendment • Inspection and examination of plant and equipment • Risk assessment • Business on business burdens: • tackling Blue Tape/Private Sector Gold Plating
Opportunities and challenges: EU Referendum • No immediate consequences for how HSE works and regulates • Three main areas of EU activity – Social policy – Environmental & human health protection – Single market
HSE Health and Work Strategy • Due December 2016 • Draft health and work priorities: • Occupational lung disease • Musculoskeletal disorders • Occupational stress and mental health • Does not mean that other issues will be ignored • HSE lead where appropriate… • Work with, and support, others
Sector Plans • Not now ‘Sector Strategies’ • Consistent format, wording and content • Two page statement of position • Include ‘3 big issues’ to be solved • Issues for manufacturing – Occupational health: respiratory health – Occupational health: MSDs and others – Preventing death and serious injury • Including avoiding catastrophic events
Areas of Interest • Recent Financial Times article on H&S PR’s of individuals • The number of company directors and senior managers prosecuted for health and safety offences has more than trebled in a year • Almost all the cases involved the injury or death of an employee and many involved the construction industry.
Areas of Interest • In the year to March 31 2016, 46 company directors and senior managers were prosecuted for breaching the law by the HSE • Of those prosecuted in the past year 34 were found guilty, resulting in 12 prison sentences, although some were suspended. I • In one case, the director of RK Metal Works in north London was convicted of gross negligence and manslaughter after a five-tonne metal-cutting guillotine fell from the forklift truck he was driving and crushed a worker.
Areas of Interest • 2015-16 figures were in contrast to the unusually low number of prosecutions the year before. • The number still represented a five-year high, with 31 prosecutions in 2010-11 and 23 in 2011-12.
Areas of Interest • “Prosecution of directors is intended to hold them to account for their failings,” • “HSE’s policy is to prosecute directors when we have evidence that they have breached the law and when it is in the public interest
Recent PRs – Large Employers • Merlin Attractions (Alton Towers) – Smiler Ride • root cause to be a lack of detailed, robust arrangements for making safety critical decisions. The whole system, from training through to fixing faults, was not strong enough to stop a series of errors by staff when working with people on the ride. • Fine £5million (HSWA S.3(1)) • Costs £69,955.40
Recent PRs – Large Employers • Foodles Productions (UK) – Star Wars • HSE’s investigation found that there was no automatic emergency cut off, to protect those on set, instead relying on the reactions of the prop operator(s) to bring the door to a stop. • Fine £1.6million (HSWA S2 & 3(1)) • Costs £20, 861.22
Recent PRs – Large Employers • Tata Steel • HSE’s investigation found that there was a failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery. • Fine £1.98million (2 counts of HSWA S2) • Costs £22,500
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