As has been the case in previous years, recent action by inspectors from the Health and Safety Executive (HSE) shows that construction sites are once again a particular enforcement target at the moment. Latest HSE press releases show that the last two months were months of action in respect of the construction industry and it is anticipated that inspections will continue going forward.
During February and March 2011, HSE Inspectors found that one in five construction sites in Scotland were so dangerous that workers lives were being put at risk. HSE inspectors visited a total of 288 sites where 53 were found to be so far below required standards that formal enforcement notices were issued. This HSE initiative was aimed at reducing deaths and injuries and a particular focus was on refurbishment projects, which HSE reports as the worst performing sector of the construction industry. HSE figures show that, during 2009/10, three workers died while working in the construction industry in Scotland and there were more than 1,100 injuries. Disturbingly, approximately three quarters of all fatalities occurred during refurbishment, repair and maintenance activities on constructions sites.
The HSE initiative was not confined to Scotland. South of the border, HSE inspectors ordered work to be stopped in nearly one in five of the construction sites visited in East Lancashire due to serious health and safety concerns. HSE inspectors carried out checks at thirty eight sites in the Blackburn, Rossendale and Hyndburn areas on 21 and 22 February. A total of seven sites were found not to meet required health and safety standards and received prohibition notices as a result. Six of the notices stopped unsafe work being carried out at height.
Given the level of death and injuries, especially in respect of refurbishment, repair and maintenance activities, it is anticipated that HSE inspectors will continue their initiative across the UK. Construction businesses should be alive to this issue and should re-examine their health & safety procedures accordingly.
Handling an HSE investigation following an incident can be overwhelming. Although the HSE inspectors will be trying to determine exactly how an incident occurred, it is also very important to bear in mind that they will also be investigating potential contraventions of the Health and Safety at Work etc Act 1974 together with the many health and safety regulations that exist. In addition, should a fatality occur, there is the distinct possibility that a Corporate Homicide or Corporate Manslaughter (England & Wales) investigation may be initiated. Companies require expert advice to protect their position going forward. However, they will also be obliged to co-operate and assist with the HSE investigation at the same time. This is a delicate balance and it is of crucial importance that matters are handled correctly.
HSE inspectors have the right to enter any workplace without giving notice. Although, notice may be given where the inspector thinks it is appropriate. HSE inspectors can stop any activity which they believe poses a significant risk to health or safety. They can issue Improvement Notices and Prohibition Notices which can have a detrimental impact on the day to day running of a company's business. It is not uncommon for Improvement Notices and Prohibition Notices to result in a loss of business through a company's failure to comply with its contractual obligations caused by compliance with such notices.
It should be borne in mind that during a typical inspection a HSE inspector will look at the workplace, the work activities, the management of health and safety, and will also check whether health and safety law has been complied with. In addition, they will also talk to employees and their representatives, take photographs and even samples.
The experienced health & safety team at Biggart Baillie LLP is able to provide expert support to clients in respect of HSE inspections and investigations. In particular we can advise on:-
- HSE powers
- Preventative measures to ensure compliance with health & safety law
- The understanding of, compliance with and appeal of Improvement and Prohibition Notices
- Effective and strategic handling of all HSE investigations
- Representation at formal interviews with HSE inspectors
- Companies' internal investigations to ensure that reports remain confidential to the company
- Communications with third parties (including employees), insurers and the media
- Representation at court
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
