HSE Annual Review 24 May 2017

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1 Health and and Safety Executive HSE Annual Review 24 May 2017 Chantal Nicholls HM Principal Inspector

2 Introduction The challenge/reality in Wales 2016 The current climate spot and squish Our regulatory work in 2016/17 Proactive interventions Prosecutions Sentencing guidelines Regulatory achievement and trends Major Events FFI and Duty holder surveys Work priorities and plans for 2017/18 Helping GB work well Challenges moving forward HSE and industry

3 The challenge/reality in Wales 2015/16 Ill health 69,000 Workers who suffered a work related illness last year (4.5% of the working population) 27,000workers with new cases of work related illness Enforcement 42 cases prosecuted million in fines 838 enforcement notices Injuries 13 fatalities at work 37,000 self-reported injuries at work 3,927 employee injuries reported under RIDDOR Working days lost 1.3 million days lost 500 million estimated cost to Wales

4 The current climate in HSE Positive attitude to H&S Improve our regulatory craft Continue to focus on risk - place resources in those areas most deserving of our attention Assist and work with others to promote and encourage ownership of the new Strategy Helping GB work well

5 The Current Climate Regulators should pick important problems and fix them. As for unimportant problems, they should leave them alone. Malcom Sparrow The Regulatory Craft

6 Spot and squish

7 Spot and squish - legionella

8 Spot and squish - legionella 2016/17 FOD undertook an inspection programme aimed at reducing outbreaks of Legionnaires disease through sustained risk management and control, following-up a similar programme in 2013/14. The results indicate a substantial improvement in the management of Evaporative Cooling Systems, particularly at sites we had inspected previously. In particular: Inspectors did not need to take action to reduce risks in three quarters of the interventions, which is significantly better than 1-in- 3 interventions requiring action in 2013/14. Two-thirds of sites where inspectors had previously taken action did not require any action this time, and for the third that had not sustained improvement only 6% warranted the serving of an improvement notice compared to 100% in 2013/14. Will be further sampling in 2017/18 - assurance

9 Our regulatory work in Wales in 2016/17 Investigations 13 new fatal 248 injuries/ill-health 222 concerns Notices Health, 492 Safety, 18 Welfare/ELCI Prosecutions 35 completed, 28 approved Proactive interventions 1230 Enforcement undertaken at 55% visits

10 Proactive interventions timetable 16/17 Found/Concrete Legionella Fairgrounds Woodworking Fresh produce Food Benchmarking Fabricated metal Radiation Contruction Waste/Recyc and other HRS topics* IFI PLI Q1 Q2 Q3 Q4 April May June July Aug Sept Oct Nov Dec Jan Feb March

11 Proactive intervention - delivery Topic Delivery MB rate% Foundries, concrete RCS 63 57% Woodworking % Food 87 38% Fab metal % Fairgrounds 28 57% Waste & Recycling 84 56% Construction % Quarries 24 63% Other % Total %

12 Prosecutions

13 Prosecutions R v-baggs, Ball, Lewis and Lewis 2016

14 Prosecutions e.g. Sundorne, GHA Coaches, Asset

15 Prosecutions e.g. JG Hale Construction, William Ryan Evans and DJ MacKay and Sons

16 Sentencing guidelines Guidelines published 2nd November 2015, came into force on 1st February 2016 Apply to all offences sentenced on or after 1st February 2016 irrespective of when offence committed or when defendant pleaded guilty. Greater financial penalties and custodial sentences Reduction in number of guilty pleas Increase in Newton Hearings and appeals More discussion re harm and culpability categorisation Friskies RIP More cases in Magistrates (request authorised DJ) Each case step by step Straddle dates Guidance on reduced sentences for guilty plea

17 Key Regulatory Achievements and Trends Good focus on risk or all types of inspections Improved performance in closing down fatal investigations within 12 months of primacy Improvement in the concerns being swiftly investigated (within 4 months)

18 Key Regulatory Achievements and Trends 90.00% 85.00% 80.00% 75.00% 70.00% 65.00% 60.00% 55.00% 50.00% 45.00% 40.00% 35.00% %age of Fatal Investigations with Primacy completed within 12 months 30.00% 13/14 14/15 15/16 16/17 Work Year Ops Unit 1-3 Total

19 Key Regulatory Achievements and Trends Concerns investigated, completed within 4 Months % 95.00% 90.00% 85.00% 80.00% %age complete in 4mths 75.00% 70.00% 65.00% 60.00% 55.00% 50.00% 13/14 14/15 15/16 16/17 Work Year Ops Units 1-3 Total

20 Key Regulatory Achievements and Trends 65.00% Proactive Inspection Focus on risk 60.00% 55.00% 50.00% MB rate 45.00% 40.00% 35.00% 30.00% 25.00% 13/14 14/15 15/16 16/17 Work Year Ops Units 1-3 FOD Overall

21 Key Regulatory Achievements and Trends 60.00% Uncontrolled risk by Inspection Type 50.00% 40.00% MB Rate 30.00% 20.00% 10.00% 0.00% 13/14 14/15 15/16 16/17 Work Year Inspection Following Inv Insp High Risk Sector Priority Local Inspection Overall MB Rate

22 Major Events -June and July 2015

23 Major Events November 2015

24 Major Events -February 2016

25 Major Events July, August, September 2016

26 FFI and Duty Holder Surveys FFI 1 October 2012 What Duty Holders Think HSL Research Duty Holder Survey Jan 2014 March ,154 duty holders surveyed 46% response rate (531) % of Duty Holders who strongly agreed or agreed 82% -The Inspector provided practical advice which will help improve health and safety at my workplace 83% -The outcome of the visit was proportionate to the risks that were identified 85% -Inspection conducted in efficient and effective manner and amount of time taken was appropriate

27 FFI and Duty Holder Surveys Activities appropriate to risks in work place Outcome of visit was proportionate to the risks

28 FFI and Duty Holder Surveys Practical advice provided Efficient and effective

29 FFI and Duty Holder Surveys

30 Our priorities for 2017/18 Investigation of fatal and life-changing injury and workplace concerns Proactively intervene with those most deserving of our attention with a particular focus on the control of risks to health Saving lives Preventing suffering Train new inspectors and maintain the competence of our staff Continue to improve our regulatory craft

31 Proactive Inspection timetable 17/18 April May June July Aug Sept Oct Nov Dec Jan Feb March YEAR Fab metal Woodworking Waste and recycling Food Total HRS - Focused Interventions FOD TARGETING PLAN 2017/18 PROACTIVE INSPECTION Q1 Q2 Q3 Q IFI PLI HIGH RISK SECTORS - Quarterly Focused Interventions HIGH RISK SECTORS - Other Agriculture Fairgrounds Other HRS Total HRS - Other CONSTRUCTION Construction TOPIC BASED INITIATIVES Legionella Radiation Prisons BENCHMARKING ALL CUMULATIVE TOTALS

32 Inspection campaigns 2017/18 Going back time and time again until the problem is fixed Q1: Metal fabrication, Q2: Woodworking, Q3 Waste and recycling, Q4 Food Health focus Occupational lung disease MSDs Phasing with FOD, Sectors and Comms working to make maximum benefit from inspections: Publicity before: why we are doing it and what we expect Publicity during: what is being done Publicity after: what we did and what we found Prevention of catastrophic events

33 Proactive interventions -High risk industries Health risks Foundries, Concrete products, ceramics Respirable Crystalline Silica Premises with cooling towers legionella Fresh produce muscloskeletal disorders Woodworking wood dust Food muscloskeletal disorders Fabricated metal products welding fume Safety risks Waste and recycling Radiation Fairgrounds Construction Matters of evident concern Refurbishment campaign

34 Proactive interventions IFI and PLIs Inspection following investigation Remains our best intelligence of the need for us to intervene to secure compliance where there is good information to suggest inadequate standards of H&S management and significant risks may exist Priority local inspections Incident reports indicating poor standards Adverse insurance reports Information from other regulators Visiting staff intelligence High risk activities (particularly health) Evidence of previous non-compliance Knowledge of matters of potential major concern (LPG, Legionella) Length of time since last visit

35 Construction Wales -issues 7 fatalities on Welsh Construction sites Over 50% of proactive inspections find significant breach Concerns Client and PD role Small / medium companies Use of dumper trucks Control of contractors/ site management Planning Occupational health Silica, Asbestos, MSD s, HAVS

36 Construction Wales -Work 2017/18 Priorities Reducing incidents of ill health (lung disease & musculo-skeletal) Supporting small businesses Embedding CDM2015 principles Active Client Designing for health & safety before work starts Active Principal Designer Designers and Contractors talk

37

38 CEMHD Business Plan - Aim Chemicals Explosives and Microbiological Hazards Division (CEMHD) Inspectors focused on Chemical industry. Concentrates on COMAH applicable sites but also Non COMAH. Other Inspectors egexplosives and, from Energy Division Gas and Pipelines. Most of CEMHD s activity in 2017/18 comes under HSE s strategic aim of Reducing the likelihood of low-frequency, high impact catastrophic incidents. Other parts of the plan align with HSE Five Years Forward and the relevant industry sector plans

39 CEMHD Business Plan Aim(2) CEMHD s activities are designed to provide assurance that the risks associated with major hazards are being properly managed. We will continue to ensure that dutyholdersare subjected to a level of regulatory scrutiny that is proportionate to their risks and performance, including scrutiny of safety management systems, leadership within the organisation, and maintenance of asset integrity

40 Helping Great Britain work well

41 Helping Great Britain work well Cardiff 21 January commitments over the summer of from Wales Across the six themes South Wales Safety Groups Alliance Conference April 2017

42 Helping Great Britain work well

43 Health and Work and Sector Strategies Drafts published December 2016 Consultation 5 engagement events during March/April In June (now September) publish final version at National H&S Conference Three year plans, but longer term thinking (3++ yrs)

44 Helping Great Britain work well HSE Public Health DWP, WG, SG Tackling Ill health at work

45 Helping Great Britain work well Sector plans Current position and health and safety performance Top 3 priorities for that sector for next 3 to 5 years What HSE will do to #HGBWW Multitude of sectors andplans/sector-plans/index.htm

46 Helping Great Britain work well Leading and engaging with others to improve health and safety

47 Helping Great Britain work well Leading and engaging with others to improve health and safety

48 Helping Great Britain work well Leading and engaging with others to improve health and safety Pembrokeshire Employers Engagement Project 2015, 2016 & 2017 Over 200 businesses in 9 industrial estates within a 10 mile radius 1340 local employees covered Opportunity over a period of time to access assistance Free training on SME defined topics Sharing of best practice large and small businesses Provision of further avenues of support Benefits to the partners that took part Swansea Employers Engagement Project 2016 and 2017 Bridgend Employers Engagement Project 2017??? Employers Engagement Project 2018, 2019, 2020????

49 Challenge for HSE Develop, refine and adopt alternative performance indicators that better capture the totality of our activities and their impact. Keep going to the right places and tackling the right problems Move the discussion away from how many inspections? to what was the impact of inspections and how do we know? Enabling industry to deliver Helping GB Work Well in Wales

50 Challenges for industry Assessment v control? Control, control, control TExTdoes not mean adequate control Health, health, health Plan, Do, Check, Act Delivery of Helping GB Work Well in Wales

51 And finally 1833, 1974 and 1993? Political matters - such as general election and Brexit NB: Purdah means Business as usual = Helping GB work well Any questions?