HSE Interface with other Regulators Jan Combs HM Inspector of Health & Safety Kent Delivery Group, Ashford Health and Safety Executive

HSE’s responsibilities All our powers are from the HSW Act and the Regulations made under it Two ‘old’ Regulations are lost for every new Regulation enacted Section 3 is very wide ranging –From 1 st April of 2015 H&S issues related to patient care issues will be routinely dealt with by CQC

New Powers to CQC – 1 April

What we can do …….. Investigate accidents and dangerous occurrences –Mandatory RIDDOR investigations – Inspect: –High risk sectors of industry (SIC codes will change…..) –Complaints –Intelligence from other Agencies –Local knowledge

How we do what we do …….. Persuade duty holders to improve their health and safety – even the good can improve Compliant or in breach? If there is a breach our choices include: –Notice of Contravention –Improvement Notice –Prohibition Notice –Instigate Court proceedings

Compliance What it looks like: –First impressions: –Good access, well signed; –Premises – maintained; –Work area appears calm; –Machinery looks appropriate for the work and well maintained; –Confident, knowledgeable staff; –No glaring deficiencies.

Line between HSE and LA Health and Safety (Enforcing Authority) Regulations 1998: A-Z guide to allocation – to be found at htm –Care Homes – HSE covers nursing, LA covers residential –Warehousing – HSE’s if it’s not stored, just in and out, almost peripatetic…. –And of course any peripatetic workers we happen to come across

HSE working with others Formally there is memorandum of understandings (or Concordats) with a host of others - ork/f htm Informally our work crosses with EHOs, with Trading Standards, with Kent Fire & Rescue, with Planning Authority and with Building Control and with the Environment Agency. And there will be others!

Working with other regulators This can start simply because a member of the general public thinks something is wrong - and there must be some government department to sort it out! And from the outside they have no idea where to start. Finding the most appropriate Regulatory Authority can be a judgment call. And then it’s knowing the right contact within that Authority and having the confidence to allow them to run with the case.

Fee for Intervention – How it works Effective as of 1 October 2012 Compliant businesses will not pay a penny Recovery of costs for formal intervention Current cost £124 per hour Prosecution costs sought through the Courts Invoicing every two months with 30 days to pay Disputes and queries process established

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.