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

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

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

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

5. 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”.

6. 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.

7. 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%.

8. 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”.

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

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

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

12. 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.”

13. 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

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

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