New HSE Enforcement Policy Statement


[ch 2: pages 38-39]

The HSE issued a new Enforcement Policy Statement in October 2015. This applies to all Britain’s enforcing authorities. It sets out for inspectors, employers, workers and the public the expected standards for the enforcement of health and safety in the workplace. The policy states that a prosecution should normally take place if one or more of the following circumstances apply:


• death was a result of a breach of the legislation;


• the gravity of an alleged offence, taken together with the seriousness of any actual or potential harm, or the general record and approach of the offender warrants it;


• there has been reckless disregard of health and safety requirements;


• there have been repeated breaches which give rise to significant risk, or persistent and significant poor compliance;


• work has been carried out without, or in serious non-compliance with, an appropriate licence or safety case;


• a duty holder’s standard of managing health and safety is found to be far below what is required by health and safety law and to be giving rise to significant risk;


• there has been a failure to comply with an improvement or prohibition notice; or there has been a repetition of a breach that was subject to a simple caution;


• false information has been supplied wilfully, or there has been an intent to deceive, in relation to a matter which gives rise to significant risk;


• inspectors have been intentionally obstructed in the lawful course of their duties.


Construction union UCATT has complained that the new enforcement statement gives greater consideration to the growth of construction companies than to the safety of workers.  It highlights two key paragraphs in the document:


“5.1 We adopt a proportionate approach to enforcing the law across different industries and sectors, recognising the importance of supporting businesses to comply and grow.”
“5.3 We expect that duty holders, in turn, will adopt a sensible and proportionate approach to managing health and safety, focussing on significant risks ie. those with the potential to cause real harm.”


UCATT says that though couched in bureaucratic language, the message is clear. “Effectively they’re saying a few worker deaths are ok, as long as the bosses are still making money,” said UCATT Acting General Secretary Brian Rye. “The Health and Safety Executive is supposed to be the guardian of the people, not the lapdog of the rich. These new guidelines are immoral and venal. There is no “proportionate” approach to health and safety – you are either safe or you’re not. And under this Tory Government no one is safe.”