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Crisis in Enforcement Ms Hope Daley

Crisis in Enforcement Ms Hope Daley Head of Health and Safety UNISON. Enforcement. Does it work? . Depends on what you want to do. What is the purpose of Enforcement?.

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Crisis in Enforcement Ms Hope Daley

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

  2. 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 “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

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