Crisis in Enforcement Ms Hope Daley Head of Health and Safety UNISON

Does it work? . Depends on what you want to do. Enforcement Does it work? . Depends on what you want to do.

What is the purpose of Enforcement? Punishment and retribution? Preventing reoccurrence? Justice for victims? Deterrence? Securing compliance? Changing behaviour?

Evidence Evidence shows that strong enforcement action is the most effective way of changing behaviour But needs supported advice and guidance

Evidence Review of 44 studies by Canadian Institute of Work and Health. “Simply knowing that an Inspector might visit a workplace and do an inspection does not lead to fewer or less severe injuries” Tompa says “On the other hand there is strong evidence that when companies are given orders or fines as the result of inspections, there is an impact on the rate and severity of injuries”.

Evidence US Study by OHSA “Inspections imposing penalties produced a 22% decline in injuries during the following weeks.” Follow up found a 22.5% fall in accident rates for employers who had received enforcement action against 7% of those who had simply received advice and information.

Evidence Oregon Increased its penalties threefold along with a rise in enforcement action. It found compensation claims fell by 30% and fatalities by 21% in a five year period; even though employment had risen by 10%.

Evidence Bulgaria a doubling of the number of employers “Regular inspections and penalties led to a doubling of the number of employers adopting programmes to eliminate workplace risks between 2003 and 2004”.

UK Some evidence of the link between enforcement levels and injury rates Difficulties interpreting data

Levels of Enforcement (GB Experience) Visits: HSE Enforcement Sector – once every 14 years LA enforced sector – once every 20 years

Levels of Enforcement (GB Experience) Prosecutions – during 2008/09: HSE – 1245 Average fine of £14614 LAs- 329 prosecutions Average fine £5607

What makes good Enforcement? UNISON view : “That which has the maximum effect in changing behaviour, but which also punishes reckless employers and gives a sense of justice to workers and their families.”

What makes better Enforcement? Must be linked to information, advice, guidance and support to employers Not just safety but health as well Employers must know they are likely to be inspected Prosecutions must not only happen when someone gets injured or killed Penalties must be a deterrent ( not just a fine – other sentencing options More targeted prosecutions More use of the media Naming and shaming

Role of safety reps/unions Closer links between safety reps and inspectors Dedicated “hotlines” PINs/UINs

Conclusion – what UNISON wants More inspectors Higher and better penalties (not necessarily more) More targeted and intelligent prosecuting More involvement from trade unions