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Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks
            Inspection Reform
        The Change That Matters


  UK Health and Safety – Risk-based Inspections
   21-23 November, BIS Conference Centre, London, UK




                 Wendy McVey
          Health and Safety Executive
                    November 2012
FOD: Delivering Quality Fieldwork 2011 to 2015
     Health and Safety Regulation - Presentation

Today I will talk about:

1.   UK context – regulatory model and UK risk profile

2.   Reasons for risk-based targeting

3.   Approach to major hazards – hazard-based targeting

4.   Risk – based targeting – industry level

5.   Risk – based targeting – work place level level

6.   Targeting your resources strategically –and beyond
     inspection
FOD: Delivering Quality Fieldwork 2011 to 2015
      Health and Safety Regulation in the UK

National Regulators
   Examples: Health and Safety Executive and Food
    Standards Agency
   National role in directing, monitoring and supporting
    regulation by local authorities
   Also direct regulation – HSE directly regulates major
    hazards, high and medium risk sectors.
   400 Local authorities regulate the lower risk activities –
    food inspections and health and safety inspections are
    often done together by one inspector
FOD: Delivering Quality Fieldwork 2011 to 2015
       Health and Safety Regulation
Hazard – Potential to cause harm

Risk – Likelihood of harm



Uncontrolled hazard = high risk


             Controlled hazard = low risk


                          No hazard – no risk!
FOD: Delivering Quality Fieldwork 2011 to 2015
                     Overview


        Hazard-based
        regime - HSE      Major
                          hazards


                        Higher risks


                                          Risk-based
                                          regime - HSE
                       Medium risks



Risk-based              Lower risks
regime - LAs
FOD: Delivering Quality Fieldwork 2011 to 2015
                      Overview

                         Nuclear                        Off-shore
National Regulator:
                         installations                  installations   Permissioning
Health and Safety
Executive (HSE)                                         (oil & gas)     regime
                      Chemical
                                           Major
                      installations                        Explosives
                                           hazards


                                         Higher risks




                                      Medium risks



                                         Lower risks
FOD: Delivering Quality Fieldwork 2011 to 2015
                      Overview


                                          Major
National Regulator:                       hazards
                                                                   Risk-based
Health and Safety                                                  inspection
                        Construction
Executive (HSE)                                                    regime
                      High risk         Higher risks   Waste &
                      manufacturing                    recycling


                                       Medium risks



                                        Lower risks
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

      Risk Profile of Manufacturing industries in the UK
                 Basic & molten metals            High
                 Ship building & repair
                 Food (dairy and meat)

          Motor Vehicle Repair
          Stonework, Woodwork
          Fabricated metal                       Medium
                                                 to low
    Other food manufacturing
    Plastics, rubber, minerals
    Paper and board

Leather, electronics, printing,
textiles, computers
FOD: Delivering Quality Fieldwork 2011 to 2015
                       Overview



                                     Major
                                     hazards


                                   Higher risks
National Regulator:
                                                  Education        Risk-based
Health and Safety
                    Health care                                    inspection
Executive (HSE)
                                                   Medium and      regime
                  Public          Medium risks     lower risk
                  sector                           manufacturing


                                   Lower risks
FOD: Delivering Quality Fieldwork 2011 to 2015
                         Overview



                                  Major
                                  hazards


                                Higher risks




                               Medium risks

Local Regulator:                                           Risk-based
                    Catering                   Shops
400 local                                                  inspection
authorities                     Lower risks                regime
                                                 Offices
                   Beauty
Overview and Context –Fieldwork 2011 to 2015
   FOD: Delivering Quality Enforcing Authorities

Higher risk premises enforced by HSE
3 broad categories of workplaces HSE inspects:
      Major hazards (eg nuclear, off-shore oil and gas,
       chemical plants) – Permissioning regimes apply
      Other higher risk sectors, eg construction, waste
       management and the higher risk manufacturing
       processes – Target these sectors for inspection
      Workplaces about which we have intelligence which
       indicates poor health and safety management –
       Intelligence-led targeting only
Overview and Context –Fieldwork 2011 to 2015
     FOD: Delivering Quality Enforcing Authorities

Lower risk workplaces enforced by Local Authorities:
    Examples: leisure, retail, catering, beauty sectors
    Local Authority regulators have flexibility to join forces –
     “one stop shop” approach across different disciplines
    Can provide supportive advice to small businesses
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks


Benefits of a risk-based approach:
   Best use of resources for best outcomes
   Intelligence based targeting ensures maximum results
    for the investment made
   Unnecessary regulation stunts business growth
   Unnecessary regulation leads to a loss of credibility
   Inspection is not always the best approach
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

                   1. Targeting Major Hazards:
     Which areas of your economy present the greatest
      hazards – ie no matter how well controlled you would
      still need to regulate heavily?


               In the UK our major hazards include:
                    nuclear installations,
                    oil and gas rigs off-shore,
                    large chemical plants,
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

Approaches to dealing with major hazard industries:

   Major hazards, such as nuclear, oil and gas, chemical
    plants operate “permissioning” regimes
   Dutyholders must produce a “Safety Case” to be
    permitted to operate
   Regulator assesses the safety case and verifies it through
    a substantial and structured programme of
    inspections
   The business pays for this work – all costs are recovered
    by the state regulator (“polluter pays principle”)
   This is a hazard-based approach
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

         1. Targeting Higher Risk Industry Sectors:
   Which areas of your economy present most risk of injury
    or ill-health to its workers or the public (excluding major
    hazards)?
   What evidence do you have? H&S statistics?

             In the UK currently, higher risk industries include:
                construction
                waste and recycling
                Ship building
                Meat and dairy
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

Approaches to dealing with the higher risk industries:

 High risk industries:
    In the UK, construction, waste and recycling, ship building
     and a number of manufacturing sectors are considered
     high risk – based on health and safety statistics
    These are targeted for inspection because the
     industry is considered high risk
    If the business is found to be in material breach of Health
     and safety law, they are charged for HSE’s time. (New
     Fee for Intervention regulations).
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

                    2. Targeting the rest:
     Which of the local workplaces you could inspect
      present the biggest risks to health and safety?
     What evidence do you have?


           Approach to everything else:
              How to know where to inspect?
              Need local information
              Intelligence-led approach
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

Approaches to targeting the right workplaces:
   To target “health and safety poor performers” we need
    evidence, for example:
       Accident and ill-health record of the business, and / or
       Enforcement record of the business, and / or
       “Valid” complaints about the business, and / or
       Records of previous inspections, and / or
       Other intelligence, eg from insurance companies or other
        regulators
FOD: Delivering QualityRisk and 2011 to 2015
    Health and Safety: Fieldwork Regulation
Pulling the intelligence together



   Geographical Information Systems (GIS) used to overlay
    different sources of intelligence about the workplaces in
    the UK
   Identifies those:
      in higher risk industries,
      with a poor enforcement history,
      with records of accidents or complaints, and
      which we have visited and given poor inspection
        “rating” (discussed later)
FOD: Delivering QualityRisk and 2011 to 2015
  Health and Safety: Fieldwork Regulation
Purpose of an inspection?


       Where an inspection is warranted – ie
       workplaces which are likely to present
       sufficient risk – the purpose of
       inspection is to secure sustained
       compliance with minimum legal
       requirements for health and safety
FOD: Delivering QualityRisk and 2011 to 2015
    Health and Safety: Fieldwork Regulation
Approach to Inspection – Matters of concern:
Matters of evident concern (MEC):
    Unsafe conditions
                                        Immediate action
    Unsafe practices
Matters of potential major concern (MPMC):
    Things you will not see without looking / asking, eg
     hidden underground LPG pipelines
                   Be aware of any
                   potential MPMC for
                   this workplace
FOD: Delivering QualityRisk and 2011 to 2015
Health and Safety: Fieldwork Regulation
Approach to Inspection – management systems:
   Strengths and weaknesses of H&S performance?
   How reliable and sustainable is the approach?
   Underlying reasons for deficiency, eg competence,
    attitude, resources, accountability?
   Have they learned from previous experience?
   Full inspections rarely required – assess these things
    based on sample topics
   Base sample topics on the risk profile of the
    workplace, eg…………
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

 Sampling relevant topics at inspections:

    Example: – Steel Fabrication
      Workplace     transport      Management controls…
                                    Driver controls…
      Noise     and vibration      Site lay-out…
      Falls                        Etc…..
               from height
      Lifting   operations
      Machinery     safety
      Maintenance
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

Following an inspection, a rating is allocated:
   Inspector score assessment of the risk at a workplace
    against:
      health,
      safety,
      welfare and
      confidence in management
   Using:
      conditions found on site,
      records of management systems,
      interviews and so on.
   This provides good intelligence for future targeting.
FOD: Delivering QualityRisk and 2011 to 2015
                  Health and Safety: Fieldwork Regulation
Rating the Performance of a Business
                             Confidence in management of H&S
Level of hazard
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks
Applying Ratings in Prioritising Inspection
                               Confidence in management of H&S


                                                                        In
                                                                             sp
                                                                                  ec
                                                                                       t F
                                                                                           re
                                                                                              qu
Level of hazard




                                           In                                                    en
                                                sp                                                  tly
                                                     ec
                                                          t R
                  Do                                          ar
                       n’                                        el
                            t I                                     y
                                ns
                                   pe
                                      ct
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

                    3. Targeting strategically:
      What are the riskiest health and safety topics?
      Where are these most prevalent?
      What other tools do we have to tackle these?

                     In the UK we seek to use the right
                      intervention with the right issues at the
                      right places
                     This requires an evidence based
                      approach at all levels
Health and Safety Regulation - Targeting to 2015
      FOD: Delivering Quality Fieldwork 2011 the Risks

Other techniques to consider (as well as inspection):

Examples:
   Supply chain: encouraging large businesses to influence
    standards through their suppliers?
   Working with those at risk – ie employees as well as
    employers?
   Education and awareness: educate in schools and colleges,
    work with worker and industry groups, and provide easy to
    use guidance and advice channels for businesses?
   Take agriculture….
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

Campaigns:

   Working at heights
   Cancer-producing substances (eg Asbestos)
     And our statistics tell us in which kinds of industries
      and workplaces these issues are most serious, for
      example ….
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

Where the hazards are likely to be found:
   Occupational asthma – in the UK, caused by work in:
     Bakers,
     Motor
          vehicle repair shops,
     Wooden furniture manufacture


   Workplace transport – in the UK, issues mostly in:
     Logistics, postal and courier services,
     Retail – large supermarkets and warehousing
     Food industry
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

Where the hazards are likely to be found:

   Example: – Skin disease in the UK, a problem for:
     Bakers
     Beauticians and nail bar operators
     Hairdressers
     Caterers
     Cleaners
     Construction workers
     Health care workers
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

Risk-based approach to investigations and complaints
Handling / investigating complaints:
   Not all complaints are valid, and some are trivial
   Small central Administrative team deals with most of these
    – only a small % are passed to inspectors
Investigating reports of accidents or ill-health:
   HSE investigates about 6% of the reports received
   Clear criteria is used to direct what we investigate – ie only
    the most serious
   Investigating trivial complaints and investigations is
    not an effective use of professional regulators, or
    public money
Health and Safety Regulation - Targeting to 2015
  FOD: Delivering Quality Fieldwork 2011 the Risks

Summary of key points about risk-based targeting:
   No inspection without a purpose
   Intelligence is the key
   Intelligence about relative risks across industry sectors
   Intelligence about specific businesses
   Intelligence about which risks are greatest at which types
    of business
   Intelligence about where inspection works best and
    where other methods are better
   Good systems to pull this together for practical use (eg
    Geographical Information Systems)
FOD: Delivering QualityRisk and 2011 to 2015
Health and Safety: Fieldwork Regulation
FOD: Delivering QualityRisk and 2011 to 2015
 Health and Safety: Fieldwork Regulation

            Thank you for your attention

For more information on the UK’s approach to risk-based
           targeting, please see HSE’s web site:

                  www.hse.gov.uk

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Inspreform healthandsafety ppt

  • 1. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Inspection Reform The Change That Matters UK Health and Safety – Risk-based Inspections 21-23 November, BIS Conference Centre, London, UK Wendy McVey Health and Safety Executive November 2012
  • 2. FOD: Delivering Quality Fieldwork 2011 to 2015 Health and Safety Regulation - Presentation Today I will talk about: 1. UK context – regulatory model and UK risk profile 2. Reasons for risk-based targeting 3. Approach to major hazards – hazard-based targeting 4. Risk – based targeting – industry level 5. Risk – based targeting – work place level level 6. Targeting your resources strategically –and beyond inspection
  • 3. FOD: Delivering Quality Fieldwork 2011 to 2015 Health and Safety Regulation in the UK National Regulators  Examples: Health and Safety Executive and Food Standards Agency  National role in directing, monitoring and supporting regulation by local authorities  Also direct regulation – HSE directly regulates major hazards, high and medium risk sectors.  400 Local authorities regulate the lower risk activities – food inspections and health and safety inspections are often done together by one inspector
  • 4. FOD: Delivering Quality Fieldwork 2011 to 2015 Health and Safety Regulation Hazard – Potential to cause harm Risk – Likelihood of harm Uncontrolled hazard = high risk Controlled hazard = low risk No hazard – no risk!
  • 5. FOD: Delivering Quality Fieldwork 2011 to 2015 Overview Hazard-based regime - HSE Major hazards Higher risks Risk-based regime - HSE Medium risks Risk-based Lower risks regime - LAs
  • 6. FOD: Delivering Quality Fieldwork 2011 to 2015 Overview Nuclear Off-shore National Regulator: installations installations Permissioning Health and Safety Executive (HSE) (oil & gas) regime Chemical Major installations Explosives hazards Higher risks Medium risks Lower risks
  • 7. FOD: Delivering Quality Fieldwork 2011 to 2015 Overview Major National Regulator: hazards Risk-based Health and Safety inspection Construction Executive (HSE) regime High risk Higher risks Waste & manufacturing recycling Medium risks Lower risks
  • 8. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Risk Profile of Manufacturing industries in the UK Basic & molten metals High Ship building & repair Food (dairy and meat) Motor Vehicle Repair Stonework, Woodwork Fabricated metal Medium to low Other food manufacturing Plastics, rubber, minerals Paper and board Leather, electronics, printing, textiles, computers
  • 9. FOD: Delivering Quality Fieldwork 2011 to 2015 Overview Major hazards Higher risks National Regulator: Education Risk-based Health and Safety Health care inspection Executive (HSE) Medium and regime Public Medium risks lower risk sector manufacturing Lower risks
  • 10. FOD: Delivering Quality Fieldwork 2011 to 2015 Overview Major hazards Higher risks Medium risks Local Regulator: Risk-based Catering Shops 400 local inspection authorities Lower risks regime Offices Beauty
  • 11. Overview and Context –Fieldwork 2011 to 2015 FOD: Delivering Quality Enforcing Authorities Higher risk premises enforced by HSE 3 broad categories of workplaces HSE inspects:  Major hazards (eg nuclear, off-shore oil and gas, chemical plants) – Permissioning regimes apply  Other higher risk sectors, eg construction, waste management and the higher risk manufacturing processes – Target these sectors for inspection  Workplaces about which we have intelligence which indicates poor health and safety management – Intelligence-led targeting only
  • 12. Overview and Context –Fieldwork 2011 to 2015 FOD: Delivering Quality Enforcing Authorities Lower risk workplaces enforced by Local Authorities:  Examples: leisure, retail, catering, beauty sectors  Local Authority regulators have flexibility to join forces – “one stop shop” approach across different disciplines  Can provide supportive advice to small businesses
  • 13. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Benefits of a risk-based approach:  Best use of resources for best outcomes  Intelligence based targeting ensures maximum results for the investment made  Unnecessary regulation stunts business growth  Unnecessary regulation leads to a loss of credibility  Inspection is not always the best approach
  • 14. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks 1. Targeting Major Hazards:  Which areas of your economy present the greatest hazards – ie no matter how well controlled you would still need to regulate heavily? In the UK our major hazards include:  nuclear installations,  oil and gas rigs off-shore,  large chemical plants,
  • 15. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Approaches to dealing with major hazard industries:  Major hazards, such as nuclear, oil and gas, chemical plants operate “permissioning” regimes  Dutyholders must produce a “Safety Case” to be permitted to operate  Regulator assesses the safety case and verifies it through a substantial and structured programme of inspections  The business pays for this work – all costs are recovered by the state regulator (“polluter pays principle”)  This is a hazard-based approach
  • 16. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks 1. Targeting Higher Risk Industry Sectors:  Which areas of your economy present most risk of injury or ill-health to its workers or the public (excluding major hazards)?  What evidence do you have? H&S statistics? In the UK currently, higher risk industries include:  construction  waste and recycling  Ship building  Meat and dairy
  • 17. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Approaches to dealing with the higher risk industries: High risk industries:  In the UK, construction, waste and recycling, ship building and a number of manufacturing sectors are considered high risk – based on health and safety statistics  These are targeted for inspection because the industry is considered high risk  If the business is found to be in material breach of Health and safety law, they are charged for HSE’s time. (New Fee for Intervention regulations).
  • 18. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks 2. Targeting the rest:  Which of the local workplaces you could inspect present the biggest risks to health and safety?  What evidence do you have? Approach to everything else:  How to know where to inspect?  Need local information  Intelligence-led approach
  • 19. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Approaches to targeting the right workplaces:  To target “health and safety poor performers” we need evidence, for example:  Accident and ill-health record of the business, and / or  Enforcement record of the business, and / or  “Valid” complaints about the business, and / or  Records of previous inspections, and / or  Other intelligence, eg from insurance companies or other regulators
  • 20. FOD: Delivering QualityRisk and 2011 to 2015 Health and Safety: Fieldwork Regulation Pulling the intelligence together  Geographical Information Systems (GIS) used to overlay different sources of intelligence about the workplaces in the UK  Identifies those:  in higher risk industries,  with a poor enforcement history,  with records of accidents or complaints, and  which we have visited and given poor inspection “rating” (discussed later)
  • 21. FOD: Delivering QualityRisk and 2011 to 2015 Health and Safety: Fieldwork Regulation Purpose of an inspection? Where an inspection is warranted – ie workplaces which are likely to present sufficient risk – the purpose of inspection is to secure sustained compliance with minimum legal requirements for health and safety
  • 22. FOD: Delivering QualityRisk and 2011 to 2015 Health and Safety: Fieldwork Regulation Approach to Inspection – Matters of concern: Matters of evident concern (MEC):  Unsafe conditions Immediate action  Unsafe practices Matters of potential major concern (MPMC):  Things you will not see without looking / asking, eg hidden underground LPG pipelines Be aware of any potential MPMC for this workplace
  • 23. FOD: Delivering QualityRisk and 2011 to 2015 Health and Safety: Fieldwork Regulation Approach to Inspection – management systems:  Strengths and weaknesses of H&S performance?  How reliable and sustainable is the approach?  Underlying reasons for deficiency, eg competence, attitude, resources, accountability?  Have they learned from previous experience?  Full inspections rarely required – assess these things based on sample topics  Base sample topics on the risk profile of the workplace, eg…………
  • 24. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Sampling relevant topics at inspections:  Example: – Steel Fabrication  Workplace transport Management controls… Driver controls…  Noise and vibration Site lay-out…  Falls Etc….. from height  Lifting operations  Machinery safety  Maintenance
  • 25. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Following an inspection, a rating is allocated:  Inspector score assessment of the risk at a workplace against:  health,  safety,  welfare and  confidence in management  Using:  conditions found on site,  records of management systems,  interviews and so on.  This provides good intelligence for future targeting.
  • 26. FOD: Delivering QualityRisk and 2011 to 2015 Health and Safety: Fieldwork Regulation Rating the Performance of a Business Confidence in management of H&S Level of hazard
  • 27. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Applying Ratings in Prioritising Inspection Confidence in management of H&S In sp ec t F re qu Level of hazard In en sp tly ec t R Do ar n’ el t I y ns pe ct
  • 28. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks 3. Targeting strategically:  What are the riskiest health and safety topics?  Where are these most prevalent?  What other tools do we have to tackle these?  In the UK we seek to use the right intervention with the right issues at the right places  This requires an evidence based approach at all levels
  • 29. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Other techniques to consider (as well as inspection): Examples:  Supply chain: encouraging large businesses to influence standards through their suppliers?  Working with those at risk – ie employees as well as employers?  Education and awareness: educate in schools and colleges, work with worker and industry groups, and provide easy to use guidance and advice channels for businesses?  Take agriculture….
  • 30. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Campaigns:  Working at heights  Cancer-producing substances (eg Asbestos)  And our statistics tell us in which kinds of industries and workplaces these issues are most serious, for example ….
  • 31. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Where the hazards are likely to be found:  Occupational asthma – in the UK, caused by work in:  Bakers,  Motor vehicle repair shops,  Wooden furniture manufacture  Workplace transport – in the UK, issues mostly in:  Logistics, postal and courier services,  Retail – large supermarkets and warehousing  Food industry
  • 32. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Where the hazards are likely to be found:  Example: – Skin disease in the UK, a problem for:  Bakers  Beauticians and nail bar operators  Hairdressers  Caterers  Cleaners  Construction workers  Health care workers
  • 33. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Risk-based approach to investigations and complaints Handling / investigating complaints:  Not all complaints are valid, and some are trivial  Small central Administrative team deals with most of these – only a small % are passed to inspectors Investigating reports of accidents or ill-health:  HSE investigates about 6% of the reports received  Clear criteria is used to direct what we investigate – ie only the most serious  Investigating trivial complaints and investigations is not an effective use of professional regulators, or public money
  • 34. Health and Safety Regulation - Targeting to 2015 FOD: Delivering Quality Fieldwork 2011 the Risks Summary of key points about risk-based targeting:  No inspection without a purpose  Intelligence is the key  Intelligence about relative risks across industry sectors  Intelligence about specific businesses  Intelligence about which risks are greatest at which types of business  Intelligence about where inspection works best and where other methods are better  Good systems to pull this together for practical use (eg Geographical Information Systems)
  • 35. FOD: Delivering QualityRisk and 2011 to 2015 Health and Safety: Fieldwork Regulation
  • 36. FOD: Delivering QualityRisk and 2011 to 2015 Health and Safety: Fieldwork Regulation Thank you for your attention For more information on the UK’s approach to risk-based targeting, please see HSE’s web site: www.hse.gov.uk

Editor's Notes

  1. This is what I will talk about today – I hope that is what you were expecting – fi not we can deviate from this in discussion, as we go through. Please ask questions as we go along, and there will be time for discussion also at the end.
  2. We have a mix of national and local regulation HSE is the main national regulator for H&S, but not the only one. Rail, Aviation and marine safety have separate outhorities. Another example of a national regulator is the FSA – not H&S but food safety and food hygiene FSA and HSE have something in common – a role in directing and supporting Local regulation, but also a role in directly regulating. So HSE has its own inspectors – about 1,000 of them. In addition, there are 400 LAs, which each have teams of inspectors. Often, they do more than H&S – they may also regulate wider EH issues, so for example one inspector may do a H&S and a food hygiene inspection at the same time.
  3. A reminder of the difference between risk and hazard, as I will be talking about when hzard based approaches are appropriate, and when risk based approaches are better. A lion let loose is a hazard – potential to harm If it is in a cage, that potential is reduced, as is the likelihood of harm – ie the risk It becomes low risk if the cage is secure, but higher risk if the cage is less secure. Replacing the real lion with a toy removes the risk altogether
  4. .So UK takes a hazard based approach to regulating its high hazard industries – why? Why not a risk-based approach? A nuclear installation has the potential to cause devestation (high hazard) , though the risk is low, because it is very unlikely. It is very unlikely because the hazard is very well controlled. But we need it to continue to be very well controlled and not to let standards slip – nuclear accidents do happen. Therefore, we regulate this industry heavily – regardless of how well it is being run – we will always regulate it. This is therefore a hazard-based approach, and I will talk a little later about how this works. So – I have mentioned one type of major hazard – the nuclear installations. What would you class as major hazards in your countries – ie an industry so high in hazard terms, that you would want to regulated it very heavily regardless of how well it was controlled?
  5. In the UK – these are some of our MHs They are regulated by teams of specialist inspectors in the HSE and we operate and permissioning regime, which I will cover later.
  6. Now, moving down the risk pyramid, there are industries which are not major hazards, but our statistics tell us that they are dangerous places to work. Here are some examples We take a risk based approach to the industry – and that meas we target inspections in these industries. So, the examples here are construction, waste and some manafacturing – the next slide will tell us which
  7. This is the risk profile of manufacturing in the UK. We only target the top section – molten metals, ship building, dairy and meat production.
  8. Going back to our earlier pyramid – I have now moved down to the medium risks – health – eg hospitals, and education, such as schools and universities. In this category, we also have the rest of the manufacturing sectors (go ack to earlier slide) So – we would NOT target these sectors for inspection. Instead, we would look at each workplace on its own merits, as I will go on to explain
  9. This is also true of the low risks. These are not regulated by HSE, but by LAs, who also operate a risk-based approach.
  10. To summarise the overview I have just given you – HSE regulates major hazards, high and medium risk industries, For major hazards we operate a hazard based permissioning regime, which I will explain next For high risk industries we target inspections For medium risk industries we don ’t target inspections here, but we look at each workplace on its own merit, which I will explain shortly.
  11. And 400 LA also have teams of inspectors doing H&S regulation alongside other local regulators and try to offer a joined up service.
  12. . So, I am now going to explain how we approach the different categories of the UK economy I have set out here. But first, a quick reminder of why we are doing this – why is this approach of benefit? Best use of resources for best outcomes - HSE has 1.1 million workplaces to regulate If we inspected all of these, each would be visited every 40 or 50 years! Intelligence based targeting ensures maximum results for the investment made Unnecessary regulation stunts business growth Unnecessary regulation leads to a loss of credibility for the regulator and promotes poor, rather than productive relationships between the regulator and the business – and this leads to less effective outcomes Inspection is not always the best approach - There are other means of ensuring good health and safety standards, which when combined with intelligent, risk-based, inspection, can be much more effective
  13. So – we are now back at the top of our pyramid with the major hazards
  14. Now moving down the pyramid to the next level – high risk industries
  15. What examples of high risk industries do you have in your countires – anyone? Would you try to target the industry as a whole in some way?
  16. OK – we have done MHas and the higher risk industries – what about everything else? In the UK – everything in the bottom half of the pyramid is only inspected if there is a reason to do so – we need to look at each workplace to decide wheteher to inspect it or not. How might we do this? How do you decide?
  17. To decide which ones to inspect, we must know something about them. Here are some examples of what that intelligence might be.
  18. And we need a way of pulling this intelligence together – eg a good database. In the UK, we use a geographical information system which picks out the highest risk workplaces.
  19. Whether you are looking at specific topics, carrying out a general inspection, or conducting an investigation, your intervention provides an opportunity to assess a core issue in improving health and safety in the workplace: how well the duty holder is managing for health and safety (H&S). This guidance promotes good practice amongst regulators on effectively assessing health and safety management, and updates it by incorporating HSE ’s Strategy themes. Assessing compliance with legal requirements and expected standards will only tell you about the present position on risk control. Looking at the management arrangements and behaviours in an organisation will inform you about the quality of risk control and help answer questions such as: What are the strengths and weaknesses of the organisation ’s health and safety ■■performance, and are there any barriers to change? How reliable and ■■sustainable for the future are the measures currently in place? If an organisation is getting risk control right, why is that? For example, does ■■performance depend on one person ’s dedication and enthusiasm, or is it a key value across the organisation? If there are deficiencies, what are the underlying reasons, eg competence, ■■resources, accountability? Have they learned from situations where things have gone wrong; and have they ■■reached the right conclusions?
  20. Alternatives to inspection - Take farmers – high rate of injuries and fatalities in UK, yet they don ’t tend to respond to inspection – decades of data tells us we are having little influence on them. Farmers do tend to listen to each other – work with the best, and get them to give talks and demonstrations on managing health and safety in farms to their neighbours. Or target their wives – they do listen to them!
  21. This enables “campaigns” to be targeted at the right industries And at inspections, ensures the most relevant topics are prioritised.