Health
Healthand
andSafety
Safety
Executive
Executive
Still ‘Part of the Solution’?
Alexander Tsavalos – HSE Local Authority Unit
[email protected]
Parliamentary Under Secretary of State for
Disabled People
Justin Tomlinson MP
Responsible for:
- cross-government disability issues and strategy
- disability benefits (Disability Living Allowance,
Personal Independence Payment and Attendance
Allowance)
- mental health matters
- carers
- appeals reform
- Access to Work
- Health and Safety Executive
Government Messages
–Deregulation
–Better regulation
–Growth
Being Part of the Solution
Influences on OHS
Insurance
Media
Economic
Pressures
Public/Social
Pressures
Market
Pressures
Business
OHS Risk
Regulator
Unions/
Workers
Customers
Trade
Bodies
The world of work, in which we work, is changing
£
Changes in the
communications
landscape are
accelerating
Better targeted
Workplace is
changing as
are habits and
expectations
Government
spending is
decreasing.
Regulators
must adapt too
Less burdensome
The Prime
Minister wants
to see more
progress
More effective
So we can’t stand still…
…as the trends of politics, society and
technology move hectically around us
HSE…40 years of ‘trend analysis’
and ‘Horizon Scanning’
HSE 2020
HSE2020
•
Maintain position as a world class, modern
regulator
There are three overarching themes to the
HSE2020 strategy:
1.
Further unlock the commercial potential of HSE’s
intellectual property and national and international
standing;
2.
Recover more of the costs of regulation from those who
create risks and drive down HSE’s costs to the taxpayer
and paying industry; and,
3.
Protect and strengthen HSE’s regulatory capability.
LAU Structure
‘Sectors’
Kate Haire
‘LAs as
regulators’
Cameron Adams
Alex Tsavalos
Entertainment
Monitoring
Retail
Governance
Leisure
Operational
support
Services
LA Regulatory Priorities?
Regulating in a ‘better’ way
The National Local Authority Enforcement Code
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Targeting – Risk based
Proportionality – interventions relative to levels of harm
Consistency – Clear expectations and outcomes
Transparency – following easily accessible information
Accountability – Services and processes – Challenge panel
LAC (67/2 rev4.1)
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- Targeting local authority interventions
Focusing on priorities and outcomes
National and local
THE LIST
• Activities for proactive inspection
Priorities - LAC 67/2 rev 4.1 Annex A
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National Priorities
– CDM client duties – raise awareness/MEC
– FallsfH, fragile roof/material - raise awareness/MEC
– Silica dust – MEC
– Asbestos dutyholders DTM - raise awareness/MEC
– Ill health via animal contact at attractions –intervention
– Using HSE incident selection criteria – intervention
– Reactive work, RIDDOR, complaints – intervention
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Proactive inspections
– The ‘List’
– Intelligence showing failure to manage risks
CDM - Jurisdiction
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Key concept = Notification
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The requirements of CDM 2015
apply whether or not the project is
notifiable.
Project Lasts longer than 30 working
days and has more than 20
workers working simultaneously
at any point; or exceeds 500
person days.
CDM – Jurisdiction (cont)
LA enforced construction work =
“(a) Non-notifiable construction work
which is
(b) entirely internal to the building and
(c) which is not separated off from the
normal operations of the premises
(d) where the LA is the enforcing
authority for that class of premises”
CDM - Clients duties
(a) Ensure those employed are
‘competent’ have the skills, knowledge,
training and experience to carry
out the work, or are in the process
of obtaining them
(b) they allow sufficient time
(c) they co-operate with others and coordinate their own work
(d) suitable welfare facilities
(e) relevant information
CDM – Client duty (cont)
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Where there is more than one contractor,
the client must appoint (a) Principal
Designer (PD) and (b) Principal
Contractor
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If the client fails to appoint a PD or PC the
client must fulfil the duties
CDM - Entertainment Sector
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CDM 2007 applied to the Entertainment
Sector, however, for historical reasons,
HSE’s policy was not to enforce
Legal issues came to light during the
CDM 2015 process, and HSE are no
longer able to hold this position
CDM 2015 will apply to the
entertainments industry when undertaking
construction activities (such as stage
rigging and building of seating)
New and Emerging Issues
[email protected]
HSE & LAs working together
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The Code is part of the journey – evolution not a revolution
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There are not ‘no go’ areas but there should be no visit
without a reason
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Doing the right things in the right places
Important to be clear what we wish to achieve and why
We must make best use of national and local intelligence
and target effectively
Thanks for your attention
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HSE Website for LA regulators www.hse.gov.uk/lau/
LAC 67/2 rev 4.1 www.hse.gov.uk/lau/lacs/67-2.htm
H&S regulator with HELex questions?
[email protected]