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Victor Meldrew  
#1 Posted : 18 October 2011 13:11:20(UTC)
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Guest

Just had a call from one of the clients I look after....they've had an ad hoc visit from two HSE Inspectors. One of them mentioned that as of next April onwards, that the cost of the three hour visit and a follow up letter would be £750 approx........ Oh and there wasn't anything major they could find wrong - hhhmmmm nice earner.
colinreeves  
#2 Posted : 18 October 2011 13:41:17(UTC)
Rank: Super forum user
colinreeves

Mmmm, methinks someone is telling porkies ....

http://www.hse.gov.uk/pr...egen&cr=14/17-oct-11
Victor Meldrew  
#3 Posted : 18 October 2011 13:50:03(UTC)
Rank: Guest
Guest

Well we'll see won't we......? Can't believe all we read in the 'papers'. I remember some years ago when my work involved working with Civil Servants, an elderly learned Gentleman answered a query I had with the statement "....never believe anything until it is officially denied". That statement has held me in good stead where Civil Servants and Politicians are concerned.
chris.packham  
#4 Posted : 18 October 2011 14:14:03(UTC)
Rank: Super forum user
chris.packham

Firstly, at the moment this is a proposal. The intention according to the consultative document is that the HSE will recover their costs wherever there has been a material breach of the health and safety regulations.

It will be the decision of the inspector whether any situation represents a material breach. The employer can appeal, but any appeal will be dealt with by the HSE in-house. There does not appear to be any provision for an independent adjudication, other than by the High Court.

The document includes a scale of charges. This states that for a letter pertaining to the material breach the charge will be £750. For the issue of an Improvement Notice the charge will be £1500. For any other work, e.g. investigating a material breach or an accident the inspector's time will be charged at £133 per hour. As the document states, the cost of such an investigation could run into many thousands of pounds.

In a separate document the HSE have estimated that in the first year they expect to recover around £43,6 million!

The charging arrangement, if approved, will comment in April 2012.

Chris
NigelB  
#5 Posted : 18 October 2011 15:00:11(UTC)
Rank: Forum user
NigelB

Dear All

In 2010 there were 533 Enforcement Notices issued where asbestos was included in the summary on the HSE database. So at the proposed pricing, asbestos enforcement notices would net around £799,500.

In 2009/10, there were 9,734 enforcement notices issued by the HSE; 6,110 issued by the Local Authorities. At £1,500 each the estimated net value to HSE would be £14,601,000: LAs £9,165,000.

Given that proactive inspections will be reduced by 33% (11,000) this should free up some time to do the more cost effective inspections and allow the HSE to concentrate on ensuring that 'those organisations that gain competitive advantage by flouting the rules pay for the costs of putting things right.' [Good Health and Safety, Good for Everyone]

Thus reducing the so called 'unecessary bureacratic burdens' on business, of course.

It will be interesting to see it work in practice.

Cheers.

Nigel
achrn  
#6 Posted : 18 October 2011 15:40:06(UTC)
Rank: Super forum user
achrn

Chris.Packham wrote:
Firstly, at the moment this is a proposal.


That HSE will charge to achieve cost recovery is decided. It's not a proposal, it's a done decision. What is a proposal and still up for debate is only the mechanism, scale of rates and similar details. The decision to charge has been made.

http://www.hse.gov.uk/pr...11/hse-costrecovery.htm:

"The Health and Safety Executive (HSE) has opened a three-month consultation on how cost recovery for intervention will operate, having already agreed the underlying principle with Government."

and

"The Government has agreed that it is right that those who break the law should pay..."

and

"We want to hear from as many people as possible about how we plan to operate the scheme, to help make its introduction as successful as possible."

It's all about how the system will operate, not whether it is going to be introduced.

What is not decided is only the detailed mechanics of the scheme - who raises the invoice, who checks it, where you send your payment, that sort of thing. That cost recovery will be implemented has already been decided.
RayRapp  
#7 Posted : 18 October 2011 15:58:50(UTC)
Rank: Super forum user
RayRapp

It is also my understanding the cost recovery scheme and the so-called consultation is in fact a fait accompli.

In principle I see nothing wrong with charging those who do not manage their business properly and safely. It should in theory drive up standards, perhaps even more than the frugal rate of prosecutions? As always the Devil is in the detail.
Clairel  
#8 Posted : 18 October 2011 16:07:32(UTC)
Rank: Super forum user
Clairel

NigelB wrote:
Given that proactive inspections will be reduced by 33% (11,000) this should free up some time to do the more cost effective inspections and allow the HSE to concentrate on ensuring that 'those organisations that gain competitive advantage by flouting the rules pay for the costs of putting things right.' [Good Health and Safety, Good for Everyone]



An idealistic view perhaps - many flout the laws for financial gain but never get caught just becuase the HSE never stumble upon them. It is to some extent 'luck'.

By the way every business if breaking H&S law, and I do mean every business. It is nigh on impossible IMO to do everything to the letter of the law. The HSE use discretion quite widely. I hope this doesn't encourage some inspectors to lessen their approach to discretion as then all businesses face huge costs even for relatively minor infringments.
Safety Smurf  
#9 Posted : 18 October 2011 16:10:02(UTC)
Rank: Super forum user
Safety Smurf

Hmmmm?

All very well intended until somebody decides further down the line to introduce targets and KPI's. Or worse still, privatises the HSE.
cliveg  
#10 Posted : 18 October 2011 17:07:44(UTC)
Rank: Forum user
cliveg

Only a proposal? Doubtful, it does not require any legislative changes, just the Minister's signature.

The talk does seem to indicate it is an accepted done-deal.

Targets to follow? Almost inevitable, its only human nature for local managers to start 'encouraging their staff' to fill the hole in the local budget.
Graham Bullough  
#11 Posted : 18 October 2011 18:20:08(UTC)
Rank: Super forum user
Graham Bullough

Victor - a quick thought: did your client already know the 2 visitors to be HSE inspectors? If not, just how certain was it that the visitors were genuine?!!

As a general piece of advice, surely most or perhaps all enforcement officials, e.g. from HSE, Environment Agency, HMRC, etc., have to prove who they are if requested to do so. Therefore, though there is a reluctance to challenge unknown people who arrive and simply state that they are, e.g. an inspector from HSE, surely there's no harm in politely asking for proof. Those who feel uncomfortable doing this could add that it's standard procedure for every new visitor.

Every HSE inspector has a warrant which contains their full name plus mugshot photo embossed with a crest, and should carry it on their person to produce it if requested to do so. (Mind you, from recollection of my decade with HSE I was rarely asked for identification. This tended to be at the premises of small firms visited during 'on spec' night inspections as some of their people were reluctant to believe that inspectors ventured out at night. By contrast, some larger firms where I would have expected a higher degree of security seemed surprisingly lax and took me at my word!)

Surely enforcement people shouldn't be offended at being asked for identification. If they don't like it or refuse, it could stem from several or more possibilities: They are i) being pompous, ii) embarrassed to say that they have forgotten to carry their identification with them or iii) not genuine! It's an offence to impersonate an HSE inspector and presumably there are laws about impersonating other types of enforcement officers.

With matters like commercial secrecy and people thinking of new ways to defraud, especially if the HSE charging regime goes ahead, it makes sense to check that enforcers are who they say they are.

One example of fraudulent audacity, though not involving enforcers, was shown on BBC TV's "Motorway Cops" last night. Thieves arrived with a tanker at a filling station which had closed for the night, somehow opened the hatches over the underground fuel tanks and started pumping diesel up into their tanker. Most passers-by would pay little or no attention and just assume that a delivery was being made. Fortunately, the filling station's CCTV system was being monitored remotely and the police were notified. No doubt other forum users who saw the programme noted that when the thieves scarpered as the police suddenly arrived, they left their pump running. As a result the tanker compartment became full and started to overflow and spread over the forecourt and down the adjacent road. Fortunately the fuel being stolen was diesel and not petrol which could easily have been ignited and caused a major explosion and fire!

A few apologies for deviating somewhat from topic. Hopefully forum users, retailers, fuel distributors and security firms involved with vehicle filling stations will be aware of the various risks from this type of theft and therefore have appropriate counter-measures in place.
mgray  
#12 Posted : 19 October 2011 00:11:42(UTC)
Rank: Forum user
mgray


I had a visit last winter by two very cold HSE representatives who showed me their ID when asked and they were quite happy to do this. I showed them into our meeting room and began answering their questions all very amicable. I offered them a cup of tea to warm them up and they accepted. We chatted for about an hour about what we have in place for certain hazards and I offered to show them back up paper work and records but they declined.

They asked me my qualifications which I went through with them and the fact that I have chartered status. They then left without even going into the factory saying that the chat was enough and they could see the safe working practises being used within our yard before they had even knocked on the door. I found them very nice people, however in light of the future charges I may have to charge them for the tea next time! They did go round the whole industrial estate.
MG
Clairel  
#13 Posted : 19 October 2011 10:17:39(UTC)
Rank: Super forum user
Clairel

mgray wrote:


We chatted for about an hour about what we have in place for certain hazards and I offered to show them back up paper work and records but they declined.

They then left without even going into the factory saying that the chat was enough and they could see the safe working practises being used within our yard before they had even knocked on the door. MG


OMG!!!!

They never even went into the factory?????

Were they Inspectors or other HSE staff?

I am so glad I don't work for the HSE anymore. If they were inspectors then I don't see how they could ever justify not going into the workplace. Disgraceful.
RayRapp  
#14 Posted : 19 October 2011 11:04:08(UTC)
Rank: Super forum user
RayRapp

Claire, is it not possible that the inspectors had a number of potential sites to visit and were being economical by deciding which ones should be visited?

If I asked a responsible person about their h&s measures I believe I could assess fairly accurately and quickly whether their systems and processes were up to scratch with just an interview. Of course, they could be bluffing...on their head be it.
blodwyn  
#15 Posted : 19 October 2011 11:54:44(UTC)
Rank: Forum user
blodwyn

They could be HSE contact officers - I met one the other day and they go round estates updating HSE's databases and doing just what you said - identifying those companies that need to be inspected. Not ideal I grant you and hunting in pairs??? Not cheap but doubt its a service likely to continue!!!
Victor Meldrew  
#16 Posted : 19 October 2011 11:57:36(UTC)
Rank: Guest
Guest

Graham
Yes they were actual HSE Inspectors. Voluntarily offered their warrant cards as well as leaving copies of their business cards. Been in this morning to see the client and having looked at the business cards I actually know one of them. Good point you make tho.....if theres a buck to be made you can bet someone will try something.
David Bannister  
#17 Posted : 19 October 2011 11:58:29(UTC)
Rank: Super forum user
David Bannister

The quip about charging for tea and biscuits set me thinking.

If HSE charge for their inspectors time it could lead to the inspected organisation charging for their management time, surely much more valuable than a civil servant's.
Graham Bullough  
#18 Posted : 19 October 2011 12:38:46(UTC)
Rank: Super forum user
Graham Bullough

RayRapp suggests a reasonable basis for the visit described by MG at #12. The inspectors or other representatives from HSE evidently decided from MG's replies to their questions that they were getting accurate information, hence their declining of MG's offer to show them paper work as proof. Also, even if they didn't know that MG was a member of IOSH, it was probably evident to them that they were dealing with a professional. Also, as with many roles in OS&H and various other fields, one of the facets of working as an inspector is to assess people's attitudes, including whether they are telling the truth or not. Not an exact science of course, but experience, sub-conscious noting of body language and gut instinct all tend to help when assessing people.

Was it wrong of MG to offer the [reference removed] a cup of tea? Of course not. If they were chilly they would have appreciated it even more than usual. [reference removed] are human just like the rest of us. Also offering such people a hot drink (negligible cost) wouldn't count as trying to curry favour with them. HSE has a strict code of conduct for its staff about what is and isn't acceptable in the way of hospitality from the people and organisations they encounter. The code is probably one which applies throughout the Civil Service.

p.s. Clairel - I can't resist wondering whether HSE feels the same as you and is equally glad you don't work for it any more!!! To avoid any misunderstanding this comment is made purely in jest. Also, to add some balance, I didn't regret leaving HSE and I bet HSE didn't regret me leaving either! Also, as your response seemed somewhat excitable, I was tempted to add "calm down dear!" (as in the TV insurance advert) but decided it would be highly inadvisable, rather like throwing petrol on a fire!
Clairel  
#19 Posted : 19 October 2011 12:39:15(UTC)
Rank: Super forum user
Clairel

RayRapp wrote:
Claire, is it not possible that the inspectors had a number of potential sites to visit and were being economical by deciding which ones should be visited?

If I asked a responsible person about their h&s measures I believe I could assess fairly accurately and quickly whether their systems and processes were up to scratch with just an interview. Of course, they could be bluffing...on their head be it.



You can never trust what someone says, especially when you're an inspector. If I had a pound for every time I had been left waiting in reception whilst all the guards were put back on etc.

If an inspector is going to to save time and resources by asking questions only then why even bother going there at all. Just ring up or write a letter! For that matter why even bother training inspectors up to spot hazards at all, just brief them on the legislation and be done with it.

If as an inspector I was asked to just talk to a company but not at least step foot inside the factory then I would quit - in fact one of the things I had issue with about the time I left was the fact that inspectors were no longer supposed to look at machinery guarding becuase it was not a priority topic. Trainees were no longer being trained up in industry becuase theoretically the priority topics are the same in each industry. Absolute nonsense.

I stand by what I say thaty if an inspector is not stepping foot in the factory but just relying on a chat with the owner then that is an absolute disgrace.
Graham Bullough  
#20 Posted : 19 October 2011 16:42:34(UTC)
Rank: Super forum user
Graham Bullough

In response to Clairel's comments:

"You can never trust what someone says, especially when you're an inspector." - Surely much of what all of us relies on a degree of trust based on ongoing informal assessments of people. With some individuals, don't trust them at all, while others can be accorded a considerable degree of trust. As with other aspects of life, none of us get it right all the time.

As for "If I had a pound for every time I had been left waiting in reception whilst all the guards were put back on etc." surely inspectors should use their judgement, experience and available information (e.g. notes in file about previous visits) if they suspect they are being deliberately delayed in reception. Like my fellow inspectors, I wouldn't hang around in a reception area if I had reasonable suspicions. Such occasions were relatively rare.

One example I remember quite well was an engineering works which had previously demonstrated a sloppy attitude about the guarding of a large metal bending machine and was due for a special check visit (CV). Therefore, instead of going to reception, I went straight into the large workshop, told the first person I met who was and asked him to tell the manager, before going to the machine where I found that the guarding needed some adjustment. The manager arrived soon after, very annoyed and accused me of breaking company safety rules, blah, blah, blah. My response was that his company's repeatedly poor standards regarding the machine demonstrated that it wasn't much bothered about its safety rules either, and that this had led to justifiable and repeated interest by HSE. (HSE could have made a mint from the firm if the proposed charging regime had been in force at that time in the mid-1980s!) Furthermore, I offered to give the details of my boss and also his boss so that he could make a complaint about me. He never did!

After the manager cooled down, we had a constructive discussion about the need to maintain the machine guarding in order to avoid the various adverse consequences likely to follow a foreseeable injury at the machine. Though I can't recall subsequent visits (perhaps another inspector paid the next ones), it's possible that the unusually direct visit to the machine had some positive influence on the firm's safety performance.

Sometimes some circumstances merit unconventional approaches!

Clairel  
#21 Posted : 19 October 2011 17:31:55(UTC)
Rank: Super forum user
Clairel

Graham once DPA came in everyone had to be a lot more careful about what they put on file...and there were some large industrial shredders turning up repeatedly!!

You take a bit of both on board, what they say but backed up with what you can see. If I was short of time I would have been talking and walking round the factory not sat in the office talking. That was what I was trained to do; go and see for myself what was actually happening.

I tried not to create confrontational situations as an inspector (although I had one meorable one) so I wouldn't have barged out of reception and into the factory uninvited. Perhaps by the time I was in the HSE they had adopted a more cautious approach. You could often tell if guards were little used when walking round. A menatl note of the fact that you were kep 'waiting' in reception can still be useful.

Regardless of what managers told me it was what I saw that counted. Watching quietly it was amazing to see what people actually did. Besides it was drilled into me to go and talk to the employees, the managers oft just tell you want you want to hear or sat in their offices too often themslves and didn't realise how things actually were on the shop floor.

Hands on every time. If the factory is as good as the manager claims then a walk round will take no time at all. I have a conscience and I like to sleep well atnight. No way would I sit an office and not step foot onto the shop floor. MY PI would have had me shot!

Bruce Sutherland  
#22 Posted : 19 October 2011 22:28:12(UTC)
Rank: Forum user
Bruce Sutherland

I had a tractor driven at me and was chased by a very large scaffolder with a piece of tube and wimped when serving a PN on a meat plant when the roofer was in tears and worried about his knees - I used a fax!

Regards

Bruce
mgray  
#23 Posted : 19 October 2011 22:58:02(UTC)
Rank: Forum user
mgray

Clairel
I have to say they were not inspectors. I believe their title was officers, one held a Nebosh certificate and the other was not as qualified. I think they were just looking for companies who were blatantly disregarding health and safety and actually wanted to offer help and advise. I believe they would then judge the way the advise was received before they called in the big guns "inspectors". The offer to walk around our site was made to them, but to be honest on our estate I am sure they could find many more worthy companies who could do with some words of wisdom.
MG
MB1  
#24 Posted : 20 October 2011 09:34:17(UTC)
Rank: Super forum user
MB1

I think Clairel was using the old adage... if you can see what's going on you don't need to ask too many questions!

I tend to use that myself day to day.. a mental audit you could say?
Clairel  
#25 Posted : 20 October 2011 10:52:18(UTC)
Rank: Super forum user
Clairel

mgray wrote:
Clairel
I have to say they were not inspectors. I believe their title was officers, one held a Nebosh certificate and the other was not as qualified. I think they were just looking for companies who were blatantly disregarding health and safety and actually wanted to offer help and advise. I believe they would then judge the way the advise was received before they called in the big guns "inspectors". The offer to walk around our site was made to them, but to be honest on our estate I am sure they could find many more worthy companies who could do with some words of wisdom.
MG


That's reassuring, thanks for clearing that up.

It seems like a false economy though. Inspectors aren't paid that much money and so two 'officers' who haven't even carried out an inspection seems like a waste of resources to me. It would be cheaper just to send in one inspector than two officers and possibly another visit afterwards by an inspector.

Graham Bullough  
#26 Posted : 20 October 2011 19:15:57(UTC)
Rank: Super forum user
Graham Bullough

Perhaps I've painted a wrong impression at #20 about being confrontational or adopting unusual tactics during my time with HSE. For the vast majority of visits my colleagues and I found that using courtesy, diplomacy and persuasion was the best approach. Also, as Clairel rightly points out, there was no point in just talking to the managers. It was important to talk to employees and employee reps as well, not least to check out what managers were telling us. Also, employees and their reps sometimes had a better idea about working conditions, machinery safety and problems, etc than their bosses. In addition, inspectors had to be aware that some employees could be inhibited in what they said, especially if they were within earshot of managers guiding the inspectors round the workplaces.

Anyone involved in OS&H, not just HSE inspectors, should always take opportunities to talk to employees in order to get a proper perspective about conditions and issues. The same goes for managers and directors of organisations, as evidenced by TV programmes like "Undercover Boss" and "Back to the Floor" where it's obvious to the directors involved (whether working covertly or not) that some very basic problems in their organisations have either not been identified by line management or are being left unresolved.

In my opinion there's a lot to be said for directors, managers and OS&H people, etc of organisations to spend some time working with/shadowing people in different parts or roles in their organisations. Can any forum users echo this opinion and perhaps give examples of the advantages involved?
A Kurdziel  
#27 Posted : 21 October 2011 14:41:34(UTC)
Rank: Super forum user
A Kurdziel

As it’s Friday:
I have heard of inspectors quoting “Health and Safety at Work Act Section 20(2) (l)...require any person to afford him such facilities and assistance ... to enable the inspector to exercise any of the powers conferred on him by this section; “and demanding a room to interview people. Could they also demand cup of tea under this section?
johnha  
#28 Posted : 21 October 2011 16:16:04(UTC)
Rank: Forum user
johnha

Having been a contemporary of Graham I can echo most of his comments and experiences. In 9 years as an Inspector (half of which was spent on construction). There were only a couple of occasions when I came close to being obstructed. On one I was trying to arrange to interview an injured person later in the day and I got strong vibes from the occupier that this would be disrupted so I arranged for a more experienced colleague to come back with me later in the afternoon. As it turned out everything went well.
On the second occasion I was with my PI when we got involved in a heated argument with the manager of a small building contractor in Perth. The individual concerned kept looking at me out of the corner of his eye while shouting at the PI. I was convinced that if I hadn’t been there he would have taken a swing at my boss. The latter was an “old school” construction inspector and would probably have given as good as he got in any punch-up.
One of my close colleagues was obstructed while investigating an asbestos complaint in Dundee. He called the local police for back-up and when he mentioned the name of the individual concerned the police sent a sergeant and 4 constables – the person was well known to them from other areas of his activities.
As a trainee inspector, I was warned to watch out for long delays in reception, but I can’t recall it ever happening to me. I believe that even if we had given the occupiers two week’s notice of the inspection, they still wouldn’t have been compliant.
As for tea or coffee, it was certainly offered in most medium to large concerns, but I would never have asked. It’s no more than a standard business courtesy to offer. I wouldn’t hesitate to ask for a table chair and some privacy to interview witnesses however,; that is well within the scope of facilities’ and assistance. However, I interviewed plenty of people in my car, especially when on construction inspections.
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