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HSE Update

Mike WaltersHM Principal Inspector of Health & Safety

Operational Development Team

Health and Safety Executive

What to Expect from Today........

• What HSE are up to locally in Kent

• Training of HSE Inspectors

• What has been happening??

• What to expect in the future

• Questions!

Kent Group

• Current Principal Inspector for Kent: Guy Widdowson

• Has 8 staff covering the county but this equates to 7.2 FTE (includes 1.6 FTE Visiting Officers and 1 x Trainee Inspector)

• 2 fatal accidents in Kent since April 2016 (waste & agriculture)

• Continue to target high risk sectors of industry such as:– Food, Woodworking, Foundries, Fresh Produce, Fabricated

Metal (Health issues – see guidance handout)

• Topic based initiatives:– Legionella, Radiation

• Targeting poor performers:– AIRs, accident history, complaints, other intelligence led

visits………

Kent Group

• Continuing heavy reactive workload at present. Up to the end of February 2017 (Last work years (2015/16) figures in brackets):– 53 (88) Complaint investigations completed– 11 (3) Complaint investigations on-going– 58 (136) RIDDOR investigations completed– 13 (12) RIDDOR investigations on-going

Kent Group

• Enforcement levels to end of February 2017 (2015/16 work year figures in brackets):– 47 (43) PNs issued– 72 (62) INs issued

Guidelines

• Came into force on 01/02/2016– http://www.sentencingcouncil.org.uk/wp-

content/uploads/HS-offences-definitive-guideline-FINAL-web1.pdf

• Increase in fines in Magistrates’ Court for offences post 12/03/2015

– https://www.gov.uk/government/news/unlimited-fines-for-serious-offences

Guidelines

• Organisations - Case Study– http://www.sentencingcouncil.org.uk/wp-

content/uploads/Health-Safety-case-study-Organisations.pdf

• Individuals - Case Study– http://www.sentencingcouncil.org.uk/wp-

content/uploads/Health-Safety-case-study-Individuals.pdf

• Useful IOSH Magazine article looking at the guidelines 12 months on:

– https://www.ioshmagazine.com/article/regime-change

Consultation

• Reduction in Sentence for a Guilty Plea

– Consultation ended in May 2016. Possible publication of definitive guideline in Spring 2017

– http://www.sentencingcouncil.org.uk/wp-content/uploads/Reduction-in-sentence-for-a-guilty-plea-Draft-guideline.pdf

Prosecutions Heard

• 13 Prosecutions taken by the Kent group since April 2016• Total Fines: £2,917,000 (£281,100 – last year for 12 cases)• Total Costs: £276,418.86 (£88,486 – last year)

* Appealed - Fine £160K to £80K

** Appealed sentence but dismissed

*** Crown Censure following a fatality at Lydd Ranges

**** 18 week suspended sentence plus 200hrs Community Payback

– M J Allen Holdings Limited *– Royal Mail Holdings Limited– Watling Tyre Service Limited **– K and G Maintenance Services Limited– St Edmunds School– Highway Care Limited– Ministry of Defence ***– Countrystyle Recycling Limited– New Earth Solutions Group Limited– Thanet District Council– Fuji Seal Europe Limited– Mr Trevor Kitto ****– W E Roberts (Corrugated) Limited

Prosecutions Heard (Contd)• Scott May & Stunts (UK) Limited

• Scott May: 12 month community order & 150 hours of unpaid work

• Company Fined: £100,000The stuntman (Matthew Cranch) died after being fired from a cannon at the county showground in Detling in April 2011. The “landing” net released early which meant Matthew hit the ground and suffered fatal injuries. Case taken to Court by Maidstone Borough Council.

Prosecutions Heard (Contd)

• Merlin Attractions Operation Limited (Alton Towers)

• Fined: £5,000,000

• Costs: £69,955.40

The owners of Alton Towers were taken to Court following a rollercoaster collision which left 16 injured, a number seriously. Two young women on the Smiler ride suffered leg amputations and others suffered severe injuries when their carriage collided with a stationary carriage on the same track on 2 June 2015.

Investigators found that the root cause of the incident to be a lack of detailed, robust arrangements for making safety critical decisions. The whole system, from training through to fixing faults, was not strong enough to stop a series of errors by staff when working with people on the ride.

Prosecutions Heard (Contd)

New Chair of HSE

• Martin Temple

• Started in role in April 2016

• Previously chair of EEF – The Manufacturer’s Organisation

• Led the triennial review of HSE in 2014

Old Minister responsible for HSE

• Parliamentary Under Secretary of State for Disabled People

• Justin Tomlinson MP

• Appointed to role on 12 May 2015

• Elected MP for Swindon North in May 2010

New Minister responsible for HSE

• Minister of State for Disabled People, Health and Work with responsibility for oversight of HSE

• Penny Mordaunt MP

• Appointed to role in July 2016

• Elected MP for Portsmouth North in May 2010

EU Referendum – 23 June 2016

Key message is that it is business as usual for HSE

HSE Strategy#HelpGBWorkWell

• Strategy document launched on 29/02/2016– www.hse.gov.uk/strategy/strategy-document.htm (Forward by Minister & Chair of HSE)– www.hse.gov.uk/strategy/assets/docs/hse-helping-great-britain-work-well-strategy-2016.pdf


• Commitments document launched on 24/11/2016– www.hse.gov.uk/strategy/assets/docs/commitments.pdf


• Draft Health & Work Strategy document launched on 15/12/2016

– http://www.hse.gov.uk/aboutus/strategiesandplans/health-and-work-strategy/health-and-work-strategy.pdf

• Draft Sector Plans also launched on 15/12/2016– http://www.hse.gov.uk/aboutus/strategiesandplans/sector-plans/index.htm

• 19 draft plans based on industry & risk profiles which will be discussed early in the New Year with the wider H&S community

www.hse.gov.uk/strategy/media-pack.htm


Construction DivisionRefurbishment Inspection Campaign

June/July & Oct/Nov 2016

741 Enforcement Notices Issued(8% increase in enforcement on 2015)

1840 Sites Visited2235 Contractors InspectedTotal of 1059 NoCs issued



Common themes:Safety:• Poorly managed work at heightHealth:• Risks associated with asbestos• Dust exposure

– Wood– Silica



Training HSE Inspectors

What’s an Operations Development Manager (ODM)?

• 15 x Principal Inspectors (substantive & TP)

• Based around GB from Glasgow to Plymouth

• Primarily responsible for ensuring the effective development of new inspectors (mostly HSE but some others HSENI, Channel Islands, Office of Rail & Road) early in their career– Although delivered parcels of work training

outside bodies e.g. Natural England, Care Quality Commission

Early training for Inspectors

• Regulators Training Programme (RTP) (182)– Diploma (Level 11 accredited by NEBOSH & is a 2

year programme)• Law• Safety Technology (ST), Occupational Health &

Hygiene (OHH)• Professional Practice Competency Framework

(PPCF)– Mandatory CPD Courses Year 3.5+

• 4 x OHH• 5 x ST• 1 x Management

Early training for Inspectors

• Specialist Training Programme(STP) (42)– Law– PPCF– Dip into CPD courses if applicable– (other role specific training outside of STP

delivered by others)

What does an ODM do?

• Training & Delivery (13/17 diploma tutorials delivered by ODMs)

• Course review, development & update

• Assessments– Legal assessment + marking (7 tasks over 2 days)

• Exam, IN+Schedule, PN, Complaint/Information, Own Statement/Evidence Management, Notebook Interview & Voluntary Statement

– Assignment marking (Diploma)• 2 x 6000 word academic papers (OHH & ST)

• Verification:– Joint visits 10 months & 19 months– PPCF internal verification

• Assessor training• Standardisation (milestones)

• Arranging placements for specialists

• Pastoral and individual support– Trainees and line managers– One to one and study groups


• Input into Web community

• Diploma administration with NEBOSH & SQA

• Delivery Modernisation Project– Fundamental shift in delivery model from

classical to blended learning approach.




Fee for Intervention: HSE’s Cost Recovery Regime

Fee for Intervention – How it works

• Came into effect 1 October 2012

• Compliant businesses still do not pay a penny

• Recovery of costs for formal intervention

• Original cost £124 per hour increased to £129 from 6 April 2016

• Prosecution costs continue to be sought through the Courts

• Invoicing every two months with 30 days to pay

• Disputes and queries process (Judicial Review)

Judicial Review – 2017

• A facilities outsourcing company has been granted a judicial review hearing in an attempt to have its fee for intervention bill overturned and the HSE’s current system for deciding FFI appeals quashed.

• OCS Group UK alleges that the HSE acts as “prosecutor, judge and jury” during its procedure for challenging a notification of contravention – the formal notice that triggers an FFI bill.

• High Court hearing 8/9 March 2017

• On 9/2/2017 HSE announced consultation to shift to a fully independent disputes handling process

– http://press.hse.gov.uk/2017/hse-to-make-cost-recovery-dispute-process-fully-independent/

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.

Some Figures………..

Fee for Intervention Guidance

• Full Dutyholder Guidance• www.hse.gov.uk/pubns/hse47.pdf

• A5 Inspector Visit Handout• www.hse.gov.uk/pubns/hse48.pdf

• Queries & Disputes• www.hse.gov.uk/fee-for-intervention/queries-and-disputes.pdf

• Enforcement Management Model (EMM)• www.hse.gov.uk/enforce/emm.pdf

Join HSE on Social Media

• Follow HSE on:

https://www.facebook.com/hsegovuk/

https://www.twitter.com/H_S_E

https://www.linkedin.com/company/health-and-safety-executive

https://www.youtube.com/user/healthandsafetyexec

https://uk.pinterest.com/H_S_E/

More of the same……..

• Proactive visits to high risk sectors of industry

• Assessment of compliance based more on health issues

• Proactive visits to poor performers

• Mandatory RIDDOR investigations– www.hse.gov.uk/enforce/incidselcrits.pdf

• Complaint investigations

• Intelligence from other Agencies

• Training new Trainee Inspectors!

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