Crisis in Enforcement

Ms Hope Daley Head of Health and Safety UNISON

Does it work? .

Depends on what you want to do.

Punishment and retribution? Preventing reoccurrence? Justice for victims? Deterrence? Securing compliance? Changing behaviour?

Evidence shows that strong enforcement action is the most effective way of changing behaviour

But needs supported advice and guidance

Review of 44 studies by Canadian Institute of Work and Health.

“Simply knowing that an Inspector might visit a workplace and do an inspection does not lead to fewer or less severe injuries”

Tompa says “On the other hand there is

strong evidence that when companies are given orders or fines as the result of inspections, there is an impact on the rate and severity of injuries”.

US Study by OHSA “Inspections imposing penalties produced a

22% decline in injuries during the following weeks.”

Follow up found a 22.5% fall in accident rates for employers who had received enforcement action against 7% of those who had simply received advice and information.

OregonIncreased its penalties threefold along with a rise in enforcement action. It found compensation claims fell by 30% and fatalities by 21% in a five year period; even though employment had risen by 10%.

Bulgaria

“Regular inspections and penalties led to

a doubling of the number of employers adopting programmes to eliminate workplace risks between 2003 and 2004”.

Some evidence of the link between enforcement levels and injury rates

Difficulties interpreting data

Visits:

HSE Enforcement Sector – once every 14 years

LA enforced sector – once every 20 years

Prosecutions – during 2008/09:

HSE – 1245 Average fine of £14614 LAs- 329 prosecutions Average fine £5607

UNISON view : “That which has the maximum effect in changing behaviour, but which also punishes reckless employers and gives a sense of justice to workers and their families.”

Must be linked to information, advice, guidance and support to employers

Not just safety but health as well Employers must know they are likely to be

inspected Prosecutions must not only happen when

someone gets injured or killed Penalties must be a deterrent ( not just a fine

– other sentencing options More targeted prosecutions More use of the media Naming and shaming

Closer links between safety reps and inspectors

Dedicated “hotlines”PINs/UINs

More inspectors Higher and better penalties (not necessarily more)

More targeted and intelligent prosecuting

More involvement from trade unions