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HSE Chris Wright  
#1 Posted : 17 November 2016 16:25:17(UTC)
Rank: Forum user
HSE Chris Wright

As a consultant I often visit companies in many disrticts that still have nothing in place for health and safety, from basic policies, RA's etc obviously this sort of regulatory work would be wasted on the HSE but do you not agree local athorities should have a duty to ensure companies operating within their districts are compliant? 

bob youel  
#2 Posted : 17 November 2016 16:36:04(UTC)
Rank: Super forum user
bob youel

Hi

councils etc. already have leagle duties but as usual too few staff and too little money & things will only get worse

A Kurdziel  
#3 Posted : 17 November 2016 16:58:43(UTC)
Rank: Super forum user
A Kurdziel

The fact is that local councils employ very few fully qualified H&S inspectors. Most rely on people doubling up usually EHO’s, who know their way around HACCP and noise pollution but don’t know one end of a risk assessment from the other.

The HSE like this system as it allows them to concentrate on serious H&S in factories and construction etc except that there are also serious H&S issues in other places, which they miss.  

This approach is also cheaper but I can’t imagine that this is a factor (can you?)…

Roundtuit  
#4 Posted : 17 November 2016 21:45:28(UTC)
Rank: Super forum user
Roundtuit

Welcome to Cameron's deregulated utopia - cut the rules having already cut the policing

Every sphere is similarly affected.

How often is mobile use behind the wheel the subject of a post, survey or report bemoaning the behaviour of society without sufficient resource to enforce the law -  then we get the much publicised once in a blue moon "blitz" on the problem.

Believe locally the same driver got caught TWICE within the hour when returning past the same check point!

Edited by user 17 November 2016 21:48:07(UTC)  | Reason: trying to type english

Roundtuit  
#5 Posted : 17 November 2016 21:45:28(UTC)
Rank: Super forum user
Roundtuit

Welcome to Cameron's deregulated utopia - cut the rules having already cut the policing

Every sphere is similarly affected.

How often is mobile use behind the wheel the subject of a post, survey or report bemoaning the behaviour of society without sufficient resource to enforce the law -  then we get the much publicised once in a blue moon "blitz" on the problem.

Believe locally the same driver got caught TWICE within the hour when returning past the same check point!

Edited by user 17 November 2016 21:48:07(UTC)  | Reason: trying to type english

RayRapp  
#6 Posted : 18 November 2016 08:23:15(UTC)
Rank: Super forum user
RayRapp

It is my personal view that LAs don't see h&s as a priority largely because of the cost. The cost of enforcement in terms of resources and taking legal action against offenders. Health, safety and fire legislation is the only statute laws you can breach with relative impunity - unless there is a serious incident of course.
chris42  
#7 Posted : 18 November 2016 09:55:56(UTC)
Rank: Super forum user
chris42

Perhaps they should have their own form of FFI? I am a firm believer that those who do wrong should pay for the policing of their wrong doing and to have the policing in place generally. (ie not just the cost of their infraction)

Tired of hearing about austerity and budget cuts etc. Those at the top payed the big bucks should be business people, who provide the services we all expect properly, and subsidise them by the council carrying out value added activities for which they have a huge infrastructure already in place. Don't shrink services, expand!

ie how many people with more money than sense would like to pay a lot extra to have someone sort their waste for them and they just have one unsightly bin at their house.

or, to have their non-main road cleared of snow and gritted?

Etc etc. Any idiot can keep cutting services, and you don't have to pay them big bucks to do it.

My local council think giving us smaller bins means we will produce less waste! really! I don't deliberately create waste (ok the odd bit of DIY, but I counter that with composting food waste). The new bins cost £450,000 and fall over spilling their contents at the slightest breeze. The old one became scrap (ironic really, or another word ending in “oronic”).

Just my humble opinion after a long week in work, we are all experts in doing a lot with a little.

Chris

HSSnail  
#8 Posted : 18 November 2016 10:14:27(UTC)
Rank: Super forum user
HSSnail

You may find this an interesting read! http://www.hse.gov.uk/lau/la-enforcement-code.htm For those that don't have time - it basically say a LA inspector has to know that a company is a poor performer before they can visit! I know a number of Local Authority Inspectors (Not all EHO's and some are very competent I think you make a very insulting generalization A Kurdziel). They have yet to receive their crystal balls! All inspectors be they HSE of LA have been heavily restricted in the work they can undertake following on from the reviews commissioned by the last Government.
RayRapp  
#9 Posted : 18 November 2016 11:19:18(UTC)
Rank: Super forum user
RayRapp

Brian, with respect, I don't think your comments are strictly correct. LA inspectors should target high-risk activities and that may include a revisit, which is not the same as only visiting 'poor performing' companies. I also think it is doubtful the Goverment's policy of reducing the so-called 'burden of health and safety' has had any real impact on LAs policing health, safety and environmental issues.
Xavier123  
#10 Posted : 18 November 2016 11:35:00(UTC)
Rank: Super forum user
Xavier123

Speaking as a serving LA inspector....in the field of h&s.

The Enforcement Code is the main current driver for the reduction in our numbers.  There has been a massive reduction in proactive inspection over the last 5 years and a tangible, recorded drop in the number of fte working in h&s regulation in LAs.  The data is available:

http://www.hse.gov.uk/lau/enforcement-lae1-returns.htm

At a time of austerity, 'unnecessary' services will be cut.  The Government demanded 1/3 less inspections arbitrarily off the back of various reports and, at its most simple, that's an argument for 1/3 less staff.

The loss of regular inspection activity exacerbates the decline in competence in LA inspectors because, as noted, many are dual or multiple function (not necessarily a problem though I hasten to add!).

Yes, we can inspect high-risk activities (essentially those on the prescribed list appended to the code) or businesses where we have intelligence there is an issue.  We can't cross the threshold without a good reason.  It's still a massive reduction in scope over that which was previously in place.

FFI may well come along for LAs but it won't really help - see recent thread on HSE costs of running FFI (now imagine each LA does it without the economies of scale of a national organisation).

But to go back to the OP.  I don't necessarily disagree, level playing field etc. but yeah...thing is....LAs look after significantly more businesses than the HSE.  How do you propose to ensure that they are all legally compliant?  Even when the HSE were well resourced, they couldn't ever expect to visit all their businesses - or even sound them out in some other fashion with regards compliance.

HSSnail  
#11 Posted : 18 November 2016 11:36:19(UTC)
Rank: Super forum user
HSSnail

Ray You need to speak to a few inspectors! In the old days they used to get dragged over the coals for doing two few inspections when they made there LEA1 returns. I know authorities now that have been contacted because they have done two many inspections and have had to provide reasons as to why they have visited the premises. They are being encouraged to use "other intervention" and not inspect. In the old days they used to risk rate every company after each visit (there a LAC on the HSE site that still covers this) and visit premises based on that rating. They are being told they can no longer do that! I know a number of inspectors who have worked for Local authorities for a long time who are desperate to get out now as they feel they are not allowed to do the job.
RayRapp  
#12 Posted : 18 November 2016 11:57:35(UTC)
Rank: Super forum user
RayRapp

Brian & Xvier, fair points and well made.
Invictus  
#13 Posted : 18 November 2016 12:03:31(UTC)
Rank: Super forum user
Invictus

Yes they should empty the bins weekly instead of fortnightly.

Ian Bell2  
#14 Posted : 18 November 2016 12:33:30(UTC)
Rank: Super forum user
Ian Bell2

This is effectively what the country voted for - rightly or wrongly.

Remember according to George, we are all in 'it' together. Just some are more 'in' than others.....

Xavier123  
#15 Posted : 18 November 2016 12:47:17(UTC)
Rank: Super forum user
Xavier123

Ray, you weren't wrong though.

We're rapidly becoming the closing of the stall after the horse has bolted....which is not what most people go into h&s - as regulators or otherwise - to do.

Seetharam  
#16 Posted : 18 November 2016 13:03:41(UTC)
Rank: New forum user
Seetharam

All councils should have legal duties. So they should do all their duties to needy peoples
chris42  
#17 Posted : 21 November 2016 10:43:00(UTC)
Rank: Super forum user
chris42

Originally Posted by: Xavier123 Go to Quoted Post

FFI may well come along for LAs but it won't really help - see recent thread on HSE costs of running FFI (now imagine each LA does it without the economies of scale of a national organisation).

They can if it is done properly, they need to actually recover their costs, not some nominal amount. Yes the amount of human resources will fall as business get the message, we could hope but then that is good. History of noncompliance though suggests H&S enforcement will be necessary until we can eliminate greed, and general ignorance.

Originally Posted by: Xavier123 Go to Quoted Post

But to go back to the OP.  I don't necessarily disagree, level playing field etc. but yeah...thing is....LAs look after significantly more businesses than the HSE.  How do you propose to ensure that they are all legally compliant?  Even when the HSE were well resourced, they couldn't ever expect to visit all their businesses - or even sound them out in some other fashion with regards compliance.

 As I say expand, LA’s employ more H&S people and sell their advisor services to small businesses (who have got their heads around paying accountants) for half the week (and thus their wages for the week). The second half of the week they are enforcers for free essentially. OK I admit simplistic but you get the idea, more enforcement for free.

 We seem to put rules in place as a society and then ignore their enforcement, putting our fingers in our ears and saying LALALALA really is not the way forward. We either call it a day and remove the rules and let anarchy rule, or we enforce them so all company’s are on a level playing field.

 Perhaps we should follow that film the purge, where for one day a year / month businesses are allowed to do whatever they like to their employees and get those really dangerous jobs done on the cheap.

Chris
bob youel  
#18 Posted : 21 November 2016 11:21:50(UTC)
Rank: Super forum user
bob youel

Hi all & to repeat [with correct spelling!]

Councils and their various departments already have many legal duties which cover almost all things however the £ resourses made available; since the bankers last ripped us off in a big way, and the politics involved do not make the wellbeing of their staff especially nor the community a high priority and I would advise anybody who has never been involved with a council to get themselves involved and only then will they see just what we are up against and unfortunately its a pipedream to expect different

best of luck to all

chris42  
#19 Posted : 22 November 2016 15:59:09(UTC)
Rank: Super forum user
chris42

Originally Posted by: bob youel Go to Quoted Post

I would advise anybody who has never been involved with a council to get themselves involved and only then will they see just what we are up against and unfortunately its a pipedream to expect different

Is this brick wall within the council or are external elements stopping them being proactive? if external who?

Its just you make it sound as if we are doomed and can never progress.

Chris

bob youel  
#20 Posted : 22 November 2016 16:38:08(UTC)
Rank: Super forum user
bob youel

HI  Unfortunately I believe that there is a brick wall both within the council and there are external elements e.g. the government stopping them being proactive - only today I watched young children being put onto the street so if they are prepaired to that ask yourself what else are they prepaired to do/not do?  That said there are many thousands of really good people doing their best however they tend to be front line staff with not enough at the top

Private business will progress with good H&S advisers at their side

best of luck

thanks 1 user thanked bob youel for this useful post.
chris42 on 22/11/2016(UTC)
Xavier123  
#21 Posted : 23 November 2016 10:13:45(UTC)
Rank: Super forum user
Xavier123

Originally Posted by: chris42 Go to Quoted Post

 As I say expand, LA’s employ more H&S people and sell their advisor services to small businesses (who have got their heads around paying accountants) for half the week (and thus their wages for the week). The second half of the week they are enforcers for free essentially. OK I admit simplistic but you get the idea, more enforcement for free.

Sounds like Primary Authority.

Except its cost recovery only.  And certainly doesn't free me up. ;)

Don't get me wrong, I'm all for doing more...but as Bob has hinted at, it requires more than sensible thought and funding, it also needs political will.  The same is sadly true of many things, or the NHS wouldn't be in the trouble it is now.

chris42  
#22 Posted : 23 November 2016 10:49:30(UTC)
Rank: Super forum user
chris42

Are we really saying there is a Politician or group of politicians out there saying to councils not to enforce H&S compliance? Oust them! in the papers, TV and social media. Isn’t that the point of us all belonging to groups such as IOSH, to give us strength in numbers.

Let’s make it important that peoples safety in work is considered sacrosanct. Change people opinion of H&S that there is “too much H&S”, when challenged these people can’t say where, because of a successful campaign to belittle the field. H&S is not considered a profession.

When politicians think they will win votes or more likely loose votes, if they are not on board with these ideals, is the way to do it. Or embarrass the heck out of them.

My local councils seem to be willing to enforce littering and dog fouling, by employing an external company to monitor and fine people.

http://www.bbc.co.uk/news/uk-wales-north-east-wales-29643652

So this sort of thing can be done! And they don’t have to employ external people who need to make a profit, keep it in house.

Xavier123  
#23 Posted : 23 November 2016 11:05:02(UTC)
Rank: Super forum user
Xavier123

Well.  Yes.  The Conservative party.  They've been saying it clearly and loudly for quite some time.  Mr Cameron has direct quotes on it and Grayling was the enforcer on the matter. Since they achieved their political goals on this it has dropped from the landscape but I can hardly imagine Mrs May has a different view.

You're right that the politicians will flow with public perception and will (which is not why I vote for them, but there you go) but the public can relate to standing in dog poo since it has happened to them before and they can see it might happen again.  Not so of workplace accidents sad to say.

I imagine we're all with you on pushing a safety agenda but surely we've all been trying for some time with limited success.  In all fairness I think I've felt the language around safety change over the past few years away from conkers bonkers - so we and the HSE are winning that fight slowly.

I've never understood the need to contract out for 'efficiency' reasons.  They'll only regret it later on I'm sure.  We can't treat public services like private ones because they are ultimately essential and are backed by the taxpayer - hence why bailouts of failing NHS hospitals etc. have to occur.  It's already happening in LA regulatory services though.  Environmental Health amongst other services is now delivered through Capita in London Borough of Barnet.

Sigh.

RayRapp  
#24 Posted : 24 November 2016 15:24:00(UTC)
Rank: Super forum user
RayRapp

Originally Posted by: chris42 Go to Quoted Post

Are we really saying there is a Politician or group of politicians out there saying to councils not to enforce H&S compliance? Oust them! in the papers, TV and social media. Isn’t that the point of us all belonging to groups such as IOSH, to give us strength in numbers.

Let’s make it important that peoples safety in work is considered sacrosanct. Change people opinion of H&S that there is “too much H&S”, when challenged these people can’t say where, because of a successful campaign to belittle the field. H&S is not considered a profession.

When politicians think they will win votes or more likely loose votes, if they are not on board with these ideals, is the way to do it. Or embarrass the heck out of them.

My local councils seem to be willing to enforce littering and dog fouling, by employing an external company to monitor and fine people.

http://www.bbc.co.uk/news/uk-wales-north-east-wales-29643652

So this sort of thing can be done! And they don’t have to employ external people who need to make a profit, keep it in house.

Chris, LAs are good at enforcing what they choose to e.g. parking. My local LA has recently introduced cameras on top of traffic lights at all main junctions - to improve road safety or to collect revenue from fines? I find it somewhat perverse that LAs enforce H&S in some areas, given that in my experience LAs are arguably the worst offenders when it comes to implementing H&S within their activities. With regards to the latter, I believe LAs should sign up to a Code of Conduct. This would include ensuring senior officers are familiar with legislation, have Board representation, generally abide by industry best practice and adhere to the Leading Health and Safety at Work document published by IOD/HSE. There was some talk about LAs losing their H&S Enforcement and it going over to the HSE. I don't know if anything will come of this, I suspect not.
Invictus  
#25 Posted : 24 November 2016 15:56:46(UTC)
Rank: Super forum user
Invictus

Well they built us roads! now was that the council?

N Burrows  
#26 Posted : 02 December 2016 11:44:32(UTC)
Rank: Forum user
N Burrows

It is apparent and undeniable that the number of LA inspectors and inspections has been driven down dramatically by Government 'Deregulation' policy and the National Local Authority Enforcement Code issued by HSE.

http://www.hse.gov.uk/laU/national-la-code.pdf

There is no doubt that this Code ( not deliberately) gave many LAs an apparent green light to slash resources with respect to H&S at a time when dramatic 'austerity' service area cuts were required.

As a committed and experienced LA based H&S inspector I must come back at A. Kurdziel‘s remarks In his post he stated;Most rely on people doubling up usually EHO’s, who know their way around HACCP and noise pollution but don’t know one end of a risk assessment from the other.

I can advise that there are still many LA H&S inspectors that are fighting their corner and who are very competent. I would suggest A. Kurdiel investigates further – ask for instance how many EHOs have an EH Degree but also possess H&S qualifications and experience that may match or exceed his own?

This is not meant to be a short-sighted or arrogant comment. I know there are many EHOs focused on Food Safety that are required (without sufficient update training) to double up as inspectors. However, I also know that within HSE there are brilliant and poor inspectors (I have worked with both). As a final heretic point on the IOSH discussion board could I suggest there are both excellent and incompetent H&S advisors/consultants?

That off my chest I would thank some respondents (e.g. Brain Hagyard & Xavier123) who have read the National Code and spoken to LA inspectors and can understand the restraints we operate under.

Finally I would make the point that LAs could be made to up their ‘H&S enforcement’ game. LAs have a DUTY to make “adequate arrangement to enforce H&S within their area” under Section 18 of the ACT. If they fail to do so HSE (who should monitor) can report to the Minister with a view to sanctions that include another enforcing authority taking control at the failing LA’s expense.

Now that would prioritise H&S in the eyes of Councils!! How many times do you think that this has been done? ZERO!! Compare HSE with the Food Standards Agency who regularly audit LA Food Safety functions and where performance is poor those LAs are supported or have to divert extra resources to meet an action plan – guess where the easiest place is to get the resources? Yes the H&S service.

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