Setting the record straight on enforcement
October 1st 2009 Following the launch of HSE’s new strategy in June this year, there has been a lot of interest in the importance we placed on making enforcement and securing justice a priority.
HSE’s 2004 strategy document said little about enforcement. It reflects the then Commission’s focus on other areas where we needed to change or improve. With the benefit of that most valuable of tools – hindsight – by staying silent on a number of our core activities HSE’s intentions were misinterpreted. It was assumed by some that not mentioning enforcement specifically meant that we were, in the same way, adopting a ‘minimalist’ approach. That was never the case, nor the intention.
So by being more explicit in the new strategy, our first intention was to set the record straight and make clear what our position is and always has been – not to signify a change of direction.
Enforcement is a very important element in the full range of interventions, which HSE and our local authority partners use as independent regulators. The primary purpose of the work we all do is to prevent death, injury and ill health to those at work, and those affected by work activities. Deciding which intervention to make with various dutyholders is a crucial part of every inspector’s role.
Many organisations are led by people who do take health and safety very seriously. They want to do the right thing and are keen to get access to good advice and expertise to help them improve. However, we also know that there are others who are motivated to ‘take a chance’ – either out of ignorance or because they do not take their health and safety responsibilities seriously. It is essential that we hold people to account who choose to ignore or deliberately flout the law, or otherwise fail to meet their legal obligations.
The consequences of failing to take health and safety seriously are that employees lose their lives, or suffer serious injury and illness. Last year 180 people who left for work did not return home to their families, and several thousand more suffered early deaths caused by disease and illness which was linked to their work.
Enforcing the law has three key objectives:
• Compelling dutyholders to take immediate action to deal with risk – ideally before anyone is hurt or injured
• Promoting sustained compliance with the law. This is not just about fixing the immediate risk/hazard, but involves changing the approach to ensure that other problems are identified and fixed, both in that organisation and more broadly.
• Ensuring that those who have breached the law are held to account. Our enforcement policy statement lays down clear principles - proportionality in applying the law; consistency of approach and targeting of action; transparency about how the regulator operates; and accountability for the regulator’s actions.
These principles apply to both specific cases and to the authorities’ enforcement activities as a whole.
This should give assurance to those who do the right thing. Equally, it sends a clear message to deter people from endangering their employees – when needed we will hit them hard to ensure justice is done.
Judith Hackitt CBE
HSE Chair More articles from Health and Safety Executive: | 
