CWU Response to HSE Consultation Document (CD 235)

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Letter to Branches




No. 916/11
Ref EX5
Date: 31 October 2011

To: All Branches,

Dear Colleagues,

CWU Response to HSE Consultation Document (CD 235) on HSE Proposal to Revise The 'Fees Regulations' and Extend the Range of Activities For Which HSE Recovers Costs For Enforcement Action:

This consultation sets out the HSE proposal to revise the Fees Regulations to reinstate existing fees and to extend the range of activities for which HSE recovers costs.

The underlying policy of recovering costs for HSE’s intervention through the introduction of fees where there is a material breach of the law has been agreed by Government and is therefore not in question in the consultation. Instead the consultation document sought views on the systems being proposed by HSE for how it would implement this policy. HSE is proposing to replace the Health and Safety (Fees) Regulations 2010 with new regulations. In addition to carrying over the existing fees, it is anticipated that these new regulations would place a duty on HSE to recover the costs of its interventions under the Health and Safety at Work etc Act 1974 and relevant statutory provisions. Health and safety is a reserved matter and as such all the options for change proposed in the consultation document and the accompanying impact assessment, would be applicable throughout Great Britain (Scotland, England and Wales).

The CWU Health, Safety & Environment Department has responded to the Health and Safety Executive’s (HSE) consultation on extending its powers to recover costs for enforcement action where there is non-compliance. The consultation asked for views on the proposed approach and set out some detail on how the new regime would work, including a proposed hourly cost of £133 and for example £750 for a letter and £1500 for an improvement notice. Businesses where Local Authorities are the enforcing body are excluded.

The TUC and Trades Unions were generally prepared to support the proposal recognising the fact that doing nothing is not an option and the HSE needs to try to address its costs and cash shortfall caused by massive cuts in government funding as HSE faces the reality of a staggering 35% Budget Cut in government funding from next April. The CWU broadly accepts the case for cost recovery in the current economic situation so long as it is linked to prevention and (a) it does not influence the HSE’s inspection and intervention strategy and (b) all the net proceeds are retained by the HSE and used to restore the proactive enforcement activities and resources of the HSE's Field Operations Division, including in those industries where proactive inspection was unjustifiably withdrawn
(Royal Mail and BT to name but two) and the industries that were wrongly classified as 'low-risk' in spite of the poor accident and ill health record of those industries, particularly the Communications Industry where members of the Communication Workers Union are employed and now face increased risks and dangers as a result. Trade Unions were therefore prepared to support the general principle of the proposal provided that all the money recovered goes back in to the HSE and is not siphoned off by central government for other things. Additionally, it was accepted that those that
who operate outside the law should contribute to the costs of regulatory action.

In making our response, we also bear in mind that in the main the Safety compliant companies and organisations and those committed to good safety standards had little to fear from these proposals and we can only hope that the optimists are right, that the change has a positive impact and drives improvements and a higher level of compliance. However, the long term outcome of the cuts and this new regime is at this stage very much an unknown quantity and consequently it would be very optimistic to believe that the new 'cost recovery' system will restore the impact of the cuts on an already underfunded and beleaguered HSE which has seen HSE Inspections and Prosecutions in 'Freefall' for a decade. In 2001 every HSE enforced workplace could expect a HSE Inspection once every 8 years. A decade later in 2011 the average frequency of HSE Inspections has dropped to once every 38 years. There are around 1,650 HSE Inspectors and nearly 900,000 Workplaces in the UK. The two-pronged attack facing HSE – swingeing efficiency targets, a 35 per cent budget cut, coupled with further unknown measures as the government's assault on red tape continues has resulted in a drastic reduction in proactive workplace inspections. The large number of businesses versus the small number of inspectors creates the an environment that encourages employers to
ignore their Health and Safety duties and obligations.

Please see attached a copy of the CWU Response to HSE Consultation Document (CD 235) on HSE Proposal to Revise The 'Fees Regulations' and Extend the Range of Activities For Which HSE Recovers Costs for Enforcement Action.



Yours Sincerely



Dave Joyce
CWU National Health, Safety & Environment Officer