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)
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
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.
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.
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
.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?
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.
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
This is the risk profile of manufacturing in the UK. We only target the top section – molten metals, ship building, dairy and meat production.
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
This is also true of the low risks. These are not regulated by HSE, but by LAs, who also operate a risk-based approach.
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.
And 400 LA also have teams of inspectors doing H&S regulation alongside other local regulators and try to offer a joined up service.
. 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
So – we are now back at the top of our pyramid with the major hazards
Now moving down the pyramid to the next level – high risk industries
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?
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?
To decide which ones to inspect, we must know something about them. Here are some examples of what that intelligence might be.
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.
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?
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!
This enables “campaigns” to be targeted at the right industries And at inspections, ensures the most relevant topics are prioritised.