HSE Interface with other Regulators

Jan CombsHM Inspector of Health & Safety

Kent Delivery Group, Ashford

Health and Safety Executive

HSE’s responsibilities

All our powers are from the HSW Act and the Regulations made under it

• Two ‘old’ Regulations are lost for every new Regulation enacted

• Section 3 is very wide ranging– From 1st April of 2015 H&S issues

related to patient care issues will be routinely dealt with by CQC

New Powers to CQC – 1 April 2015

http://www.hse.gov.uk/aboutus/howwework/framework/mou/mou-cqc-hse-la.pdf

http://www.hse.gov.uk/foi/internalops/og/og-00063.htm

What we can do ……..

• Investigate accidents and dangerous occurrences– Mandatory RIDDOR investigations –

www.hse.gov.uk/enforce.incidselcrits.pdf

• Inspect:– High risk sectors of industry (SIC codes will change…..)

– Complaints– Intelligence from other Agencies– Local knowledge

How we do what we do ……..

• Persuade duty holders to improve their health and safety – even the good can improve

• Compliant or in breach?

• If there is a breach our choices include:– Notice of Contravention– Improvement Notice– Prohibition Notice– Instigate Court proceedings

Compliance

• What it looks like:– First impressions:– Good access, well signed;– Premises – maintained;– Work area appears calm;– Machinery looks appropriate for the

work and well maintained;– Confident, knowledgeable staff;– No glaring deficiencies.

Line between HSE and LA

• Health and Safety (Enforcing Authority) Regulations 1998: A-Z guide to allocation – to be found at - http://www.hse.gov.uk/lau/lacs/23-15.htm– Care Homes – HSE covers nursing, LA

covers residential– Warehousing – HSE’s if it’s not stored, just in

and out, almost peripatetic….– And of course any peripatetic workers we

happen to come across

HSE working with others

• Formally there is memorandum of understandings (or Concordats) with a host of others - http://www.hse.gov.uk/aboutus/howwework/framework/f-2001-3.htm

• Informally our work crosses with EHOs, with Trading Standards, with Kent Fire & Rescue, with Planning Authority and with Building Control and with the Environment Agency.

• And there will be others!

Working with other regulators

• This can start simply because a member of the general public thinks something is wrong - and there must be some government department to sort it out! And from the outside they have no idea where to start.

• Finding the most appropriate Regulatory Authority can be a judgment call. And then it’s knowing the right contact within that Authority and having the confidence to allow them to run with the case.

Fee for Intervention – How it works

• Effective as of 1 October 2012

• Compliant businesses will not pay a penny

• Recovery of costs for formal intervention

• Current cost £124 per hour

• Prosecution costs sought through the Courts

• Invoicing every two months with 30 days to pay

• Disputes and queries process established

FFI - Material breach - Reminder

Definition:

• A material breach is where you have broken a health and safety law and the inspector judges this is serious enough for them to notify you in writing. This will either be a Notification of Contravention, an Improvement or Prohibition Notice, or a Prosecution.

Principles:

• The Inspector must apply the principles of the Enforcement Management Model (EMM) and the Enforcement Policy Statement (EPS), when deciding whether to notify the dutyholder in writing.