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Section seven : enforcement

For the first time in 2004, a number of new questions were asked about HSE or EHO visits. The results are shown in the two new sections below: ‘Inspectors and Safety Reps’; and ‘Improvements and enforcement action’.

HSE and EHO inspections

The results regarding inspections of workplaces by the enforcing agencies are similar to previous TUC biennial surveys. The results from safety reps responding to questions about enforcement are:

• nearly four out of ten (39%) safety reps say that as far as they know a health and safety inspector has never inspected their workplace;

• three out of ten (31%) of safety reps say that their workplace has received a visit in the last year;

• twenty per cent of safety reps say that their workplace has received a visit between one and three years ago; and

• eleven per cent of safety reps say that their workplace has received a visit over three years ago.

There was more inspection activity in the last 12 months in Energy and Water (47%) and Manufacturing (49%). The worst sectors for never being inspected, as far as the safety reps know, are Central Government (70%) and Banking, Finance and Insurance (61%).

As has been identified in previous TUC biennial surveys, the larger the workplace, the more likely it is to have been inspected in the last 12 months with:

• 36% of workplaces between 200 - 1000 workers having received a visit; and

• 40% of workplaces where there are over 1000 workers having received a visit, compared with 24% of workplaces with less than 100 workers.

Workplaces with under 50 workers have never been inspected, as far as the safety reps know, in 51% of cases. The best place for inspections in the last 12 months is Wales (40%). The worst region for never being inspected, as far as the safety reps know, is again London (49%).

Inspectors and safety reps

Just over one in three safety reps (39%) knew in advance about the most recent visit by a health and safety inspector. In 2004, safety reps were asked whether an inspector spoke to them or other safety reps. Of those safety reps that responded:

• 36% said that they or other safety reps were spoken to by the inspector;

• 38% said that they or other safety reps were not spoken to by the inspector; and

• 26% did not know.

Improvements and enforcement action

Safety reps were asked in 2004 about whether their employers made improvements because of the possibility of a visit or upon hearing about action taken against other employers. The results from safety reps responding are shown in Table 14 and Table 15 and suggest that:

• nearly seven out of ten (69%) employers make some health and safety improvements or better comply with the law because of the possibility of an inspector’s visit. One in five (21%) make ‘a lot’ of improvements;

• one in four (27%) make some health and safety improvements to health and safety after hearing about notices or prosecutions related to another employer. The actual figure may well be higher, as nearly one in two (45%) safety reps did not know the impact on employers.

Table 14: improvements because of the possibility of a visit

Not at all	16%
A little	23%
Somewhat	25%
A lot	21%
Don’t know	15%

T able 15: improvements after hearing about notice or prosecution

Yes	27%
No	28%
Don’t know	45%

Safety reps were then asked in the 2004 survey if their employer had ever received an enforcement notice:

• 20% said yes;

• 29% said no; and

• 51% did not know.

Those safety reps that replied that their employer had received an enforcement notice were then asked two further questions. The responses shown in Table 16 and Table 17 below suggest that:

• only four out of ten employers (42%) are involving safety reps in planning changes following the receipt of an enforcement notice. This is despite legal obligations upon employers to consult safety reps under the Safety Representatives and Safety Committees Regulations 1977;

• notices have a wide impact upon employers’ practices. Six out of ten (61%) employers comply with the notice and also are stimulated to review other practices in the company in different departments and/or work activities.

Table 16:

involvement of safety reps in taking steps to comply with a notice

Heard about it after changes were made	18%
Heard about changes planned but no safety reps involved in planning	40%
Safety rep (s) involved in planning after receipt of notice	42%

Table 17: employer’s response to a legal enforcement notice

Minimum to comply	30%
Comply and review other practices elsewhere	61%
Implement best practice, effect short term in one activity/area	10%
Implement best practice, effect longer term in one activity/area	13%

Note: percentages do not total 100% because reps could tick any that applied

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