HSE Update March 2013 Mike Thomas HM Principal

HSE Update March 2013 Mike Thomas HM Principal Inspector

Overview • • Who’s Who Ministerial StatementLoftstedt review 2012/13 Workplan delivery Workplans 2013/2014 Fee for intervention Enforcement Questions

HSE - Who’s Who in Wales • • HSE move to 7 Divisions Central Division Head of Division Rosi Edwards / Samantha Peace Heads of Operations – Jane Lassey – FOD Alan Craddock – Construction Ron De Cort - HID

HSE -Who’s Who in Wales • • • Principal Inspectors for Area – Andy Knowles – HID Paul Harvey – Construction Wales Paul Kloss – FOD South West Wales Sian Clayton - FOD, South East Wales Nick O’Connor – FOD North Wales

Ministerial StatementLoftstedt • Ministerial Statement – 21 st March 2011 Good Health and Safety, Good for Everyone Key – No intervention or inspection without a purpose A further focus on targeting • Loftstedt Review – 28 th November 2011 Reclaiming Health and Safety for all: An independent review of health and safety legislation Key – Is Health and Safety legislation fit for purpose today

Ministerial StatementLoftstedt - Progress to Date Progress Report on Health and Safety Reforms – February 2013 www. dwp. gov. uk/docs/progress-report-health-safety-reforms-feb-2013. pdf

Ministerial StatementLoftstedt - Progress to Date Legislative Reform – • • • Exempting self employed Health and Safety (First Aid) Regulations – HSE approval RIDDOR – reporting to 7 days – further work CDM Review PAT Guidance – stop over compliance WAH Regulations Reasonably Practicable – toolbox launched Review of Regulations and ACOPS Risk - House of Lords

Ministerial StatementLoftstedt - Progress to Date Recommendations - • National Local Authority Enforcement Code Designed to ensure LAs take more consistent, targeted, proportionate approach • Primary Authority Legislation to strengthen PA scheme taken forward by BIS HSE working with Better Regulation Delivery Office (BRDO) to ensure scheme reduces burdens and is consistent

Ministerial StatementLoftstedt - Progress to Date Recommendations - • Challenge Panel – January 2012 Complaints on decisions made by HSE or LAs www. hse. gov. uk/contact/challenge-panel-finding • The Mythbusters Challenge Panel – April 2012 Complaints regarding advice from non regulatory bodies 100 cases heard to date www. hse. gov. uk/myth-busters/index

2012/13 Work Year – HSE Wales • • • Figures across all HSE activities in Wales 14 Fatalities 37 Prosecutions (Approved) 614 Notices (183 P/Ns 429 I/Ns) 1097 Inspections *Figures not statistically confirmed

Construction Division • • CD targeted inspections Rationale High Risk Sector 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

2012/13 Work Year HSE Wales • CD targeted inspection results – 4 week programme March 2013 • • Refurbishment & smaller sites targeted • • 224 sites visited Work at height, asbestos, structural stability, good order 254 inspections Enforcement on 45 sites (1 in 5) No. C issued on 69 sites (3 in 10)

2012/13 Work Year HSE Wales • HID – Chevron – WRDP investigation with Dyfed Powys Police • Estates Excellence – Wrexham and Deeside Industrial Estates • 3 SHADS across Wales

HSE workplan 2013/14 - FOD • Proactive • • • Inspections – Targeting High risk sectors • Reactive • • Investigations – Filtered • Other - Agricultural SHADSEstates Excellence Poor performers – Intelligence driven Legionella campaign Complaints – Risk filter

HSE Workplan 2013/14 (CD) • Main Themes – Welfare – Respiratory risks – Working at height – Asbestos – Good order

HSE workplan 2013/14 - HID • • Strategic Topics – Same Ageing Plant Buncefield Follow Up Competence Management – Skilling Process Safety Performance Indicators On and off site emergency planning Control of legionella

Looking forward…. . • • • Mid Staffs Inquiry Francis Report Potential implications for HSE work in the future

Fee for Intervention • • • Effective from 1 st October 2012 • • Invoicing every two months with 30 days to pay Compliant businesses will not pay a fee Recovery of costs for material breach Current cost £ 124 per hour Prosecution costs sought through the courts but investigation costs via Cost Recovery Queries and disputes process established

Material breach “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 ”

Fee for Intervention • Website - www. hse. gov. uk/fee-for-intervention/index. htm Includes information on – • • • What you need to know – for Duty Holders Inspector guidance Queries and Disputes

Enforcement • No change in policy – HSE Enforcement Policy Statement – Code for Public Prosecutors – Enforcement Management Model

Summary • • A shift in response to a changing environment Efficient use of resources Targeted approach But we are keeping to HSE's mission – to prevent death, injury and ill-health in Great Britain's workplaces - by becoming part of the solution.

Close Out • Questions?

Health and Safety Executive Mike Thomas HM Principal Inspector Tel 02920 263080