HSE activity and resume of

topical issues

Paul Harvey

HM Principal Inspector

HSE workplan 2014/15 rationale

• 75% of fatals are with small employers

• 90% of fatals on small sites

• 70% of fatals are in refurbishment

• 80% of fatals are falls from height

• 1.7 million days lost due to ill health

• 0.6 million days lost due to injury

Fatalities

• 2012/13 - 39 workers & 5 MOP

• 2013/14 – currently at ….

• 2013/14 (Wales) – 4 fatals

• Deaths from occupational ill health/

disease (100x greater)

Occupational Ill health

• 30,000 new work related ill health cases

reported every year.

– Asthma

– HAV

– NIHL

– MSDs

– etc

• 40% of all occupational cancer deaths are

from the construction industry

Health (occupational cancers)

• Asbestos

• Solar radiation

• Painters

• Silica

• Diesel emissions

• PAH

HSE Workplan 2014/15

• Asbestos

• Small sites

• Refurbishment

• Health

• Homebuild

• Loft Conversions

HSE Workplan 2013/14

• Commercial solar panel installations

• Asbestos analysts

• Fragile roofwork

• Agricultural fragile roofwork

Inspection 2013/14

• 11,000 proactive inspections

– 2600 inspections in the “blitz”

– 50% needed improvement

• Work at height

• Exposure to dust

• Inadequate welfare

Leadership

• Active leadership

– See handout

www.hse.gov.uk/Construction/lwit/index.

htm

CDM Update

• Still working through inter government

department clearance

• If cleared then imminent via stakeholders,

press release etc

• Four main areas

– Removal of ACOP

– CDMC v Principal designer

– Competence

– Domestic clients

CDM - Competence

• CDM 2007 requires “competence.”

• Competence is

– Selection

– Initial training & assessment

– Experience

– Lifelong learning

• CDM 2015 likely to remove competence

and have specific duty for information,

instruction, training & supervision

Competence

• CITB survey (lack of competent workers)

• 73% have no recognised qualification

• Cards – 300 variants, only 4%

competence assessed

• Demographics of the industry

Asbestos Awareness Training

• “at regular intervals” (Regs)

• “Refresher training … every year” (ACOP)

• “refresher awareness” could be “e-

learning or part of an update” (Guidance)

Prosecutions

• Demolition of a mezzanine floor.

Inadequate demolition plan. £30,000

fine.

Prosecutions

• Installing solar panels. Fall from a fragile

roof. £13,000 fine and conviction of

company director (HSWA s37).

Prosecutions

Building occupier & roofer

• Building occupier failed to supervise or assess work

despite knowing the roof

was fragile

• £250,000 fine plus costs

• Roofer rec’d prison

sentence

Prosecutions

• Scaffolder fell whilst dismantling scaffold.

£130,000 fine of PC. Director of s/c fined

£20,000 under S37.

• Principal Contractor: Failed to plan,

manage and monitor a sub contractor

Prosecutions

• Housebuilding Company and its director

– 2 cases prosecuted (1 injury & 1

complaint)

– Company £56,000 plus £11,000

– Director (HSWA s37) fined £32,000

plus £11,000 costs plus 8months

custodial sentence (suspended for 2

years) plus disqualified for 3 years.

Consent, connivance and/or neglect? (HSWA s37)

Fee for Intervention

“A material breach is when, in the opinion of the HSE inspector,

there has been a contravention of

health and safety law that requires them to notify the dutyholder,

in writing, of that opinion ”

Themes for 2014/15

• National

– Emerging from recession

– Health

• Local

– Available workforce?

– Developers

– Leadership in the industry

– Agri construction

Health and Safety ExecutiveHealth and Safety Executive

Paul Harvey

HM Principal Inspector