Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    HSE REJECTS UNION STANCE ON CONSTRUCTION DEATHS

    hselogo1Regulator defends record on timing and success of prosecutions

    UCATT, the construction trades union, issued a press release on 18th February 2016 stating there was an increase in prosecution delays and fall in convictions following construction deaths investigated by HSE.

    The union cited information which was included in a recent Parliamentary Question response by HSE to the MP for Jarrow, Stephen Hepburn.

    HSE has responded to the UCATT interpretation of the statistics as follows:

    “There has been no fall in conviction rates for HSE prosecutions. It actually rose from 92% in 2010/11 to 94% in 2014/15.

    The reduction referred to in the UCATT  statement (we think) relates to the numbers of fatalities in construction for which prosecutions have been approved.  The percentage of fatalities leading to a decision to prosecute in the same year will be lower in more recent years as a number of the more complex investigations will still be on-going or are progressing through the courts. The number of prosecution approvals should also be seen against an overall reduction in construction fatalities from over 100 in 2000/01 to 39(p) in 2014/15.

    All workplace fatalities need to be investigated thoroughly to prevent a recurrence and so that where breaches of health and safety requirements are identified then those who have failed in their responsibilities are held to account which may include bringing cases before the courts in England and Wales, or recommending prosecution in Scotland.  HSE does not prosecute in every case and will take account of the evidential stage and the relevant public interest factors set down by the Code for Crown Prosecutors.  In Scotland the Procurator Fiscal decides whether to bring a prosecution.

    A number of discrete stages will affect the pace at which a work-related death is investigated and legal proceedings pursued.  The police assume primacy for investigations initially and retain the case until negligent homicide offences have been identified or eliminated. In complex cases it can be several months before HSE is handed primacy.  Before HSE brings a prosecution it is normally necessary to await the outcome of a Coroner’s inquest.  Once a defendant has been charged it can take some time for the case to come to trial, particularly where it is defended and heard in the Crown Court.

    Nevertheless, HSE and the other agencies involved in investigating workplace fatalities recognise the importance to victims of ensuring all stages of the investigation and prosecution process are concluded as quickly as possible.  The Work Related Deaths Protocol (WRDP) National Liaison Committee recently agreed that any decision to prosecute should be made within three years of the date of death, other than in exceptional circumstances.

    As a result of the drive to reduce investigation time and conclude long running investigations, HSE has in recent years concluded several complex investigations. This has meant average time taken between an incident and a prosecution approval has increased in the most recent years, but other data provided in response to Parliamentary Questions shows that over the last 10-years, 23 percent of cases were approved for prosecution within a year of a fatality, 27 percent in the second year, and 30 percent  in the third.  Therefore 80 percent of HSE prosecutions were approved within the WRDP three-year period.  This percentage is still rising.

    Note that there is an error in the UCATT release where it states that 30 per cent of cases did not reach the prosecution stage until between three to four years after a worker’s death.  The PQ responses showed that just 15 percent of cases took between three and four years to reach this stage.

    The percentage of construction (Standard Industrial Classification, section F) fatalities resulting in at least one prosecution being approved to date in each of the last eight years is as follows:

    The data UCATT has used to incorrectly suggest the ‘fall in convictions’ is above.  This relates to prosecutions approved following fatals in any given year.  The number in the third column relates to the number in the second column, and not to fatals in previous years.  Therefore, in 2014/15 of the 39(p) fatals, we approved prosecutions in seven of those cases within the same year.  Therefore the observed % reduction in recent years is because of on-going (i.e. longer than one year) investigations.”

    Latest Construction Health and Safety News

    SEVENTH LONDON CYCLIST DEATH DURING 2018

    Building products vehicle involved in death of Queens doctor

    Read the rest of this article »

    Posted on 17th August 2018

    HSE ENFORCEMENT WEEKLY UPDATE 15th AUGUST 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 15th August 2018

    MAJOR CONTRACTOR FAILED TO SUPERVISE LIFT

    Errors whilst lifting pre-cast concrete blocks fined £600,000

    Read the rest of this article »

    Posted on 14th August 2018

    FIRM FINED £400,000 OVER VIBRATING TOOLS RISK

    Hand-held orbital sanders, rivet guns, grinders and drills caused harm

    Read the rest of this article »

    Posted on 14th August 2018

    OVERHEAD POWER AND EARTHING OF SCAFFOLDS

    NASC combines updates advice on scaffold electrical risks

    Read the rest of this article »

    Posted on 9th August 2018

    REVERSING VEHICLE CLAIMED LIFE OF ‘BANKSMAN’

    Workman trapped whilst assisting colleague in reversing lorry

    Read the rest of this article »

    Posted on 7th August 2018

    TWO WORKMEN DIED IN SPRAY BOOTH EXPLOSION

    Flammable vapour ignited by ignition sources present at the scene

    Read the rest of this article »

    Posted on 6th August 2018

    SOLAR SPECIALIST FAILED TO PLAN FOR SAFETY

    Fragile roof failed under weight of solar installation worker

    Read the rest of this article »

    Posted on 6th August 2018

    DIRECTOR AND COMPANY FINED FOR SAFETY BREACHES

    Basic work at height risks and welfare requirements ignored

    Read the rest of this article »

    Posted on 6th August 2018

    REFURB PROJECT REQUIRED ASBESTOS ASSESSMENT

    Property management firm fined over lack of asbestos survey

    Read the rest of this article »

    Posted on 6th August 2018

    CLIENT FAILED MANAGEMENT ARRANGEMENTS TEST

    Homes developer prosecuted for breaching CDM 2015 client duties

    Read the rest of this article »

    Posted on 6th August 2018

    JAIL TERM FOR DEVELOPER AFTER BUILDING COLLAPSE

    Inexperienced workers demolished structure without Principal Contractor

    Read the rest of this article »

    Posted on 6th August 2018

    CDM 2015 DUTYHOLDERS IGNORED HSE ADVICE

    Contractor, client and director convicted after dangerous site conditions

    Read the rest of this article »

    Posted on 6th August 2018

    MASSIVE FINE OVER USE OF UNSAFE GAS FITTINGS

    College gas installation contractor exposed after multiple gas leaks

    Read the rest of this article »

    Posted on 17th July 2018

    TEMP WORKS DESIGNED BY MANAGER AND UNCHECKED

    Collapse of platform highlighted failure in temporary works management

    Read the rest of this article »

    Posted on 17th July 2018

    RAISING SAFETY STANDARDS FOR CRANE LIFTING OPS

    Major crane seminar seeks to raise standards and share best practice

    Read the rest of this article »

    Posted on 17th July 2018

    WORKMAN SURVIVES 6m FALL THROUGH ROOFLIGHT

    Unsecured boards provided to cover nearby fragile materials

    Read the rest of this article »

    Posted on 17th July 2018

    MAJOR FACILITIES FIRM FAILED ON FLAT ROOF SAFETY

    Site specific planning lacking and safety standards not monitored

    Read the rest of this article »

    Posted on 17th July 2018

    HSE ALERT: UNAUTHORISED ACCESS TO SCAFFOLDS

    hselogo1Regulator sets out new guidance to protect children and the public

    Read the rest of this article »

    Posted on 17th July 2018

    ASSUMING OTHERS WILL ACT IS NO DEFENCE

    Incomplete edge protection caused 8m fall from roof

    Read the rest of this article »

    Posted on 17th July 2018

    LEADING ROOFING SPECIALIST FOUND WANTING

    Risk to employees and the public after failure to meet required standard

    Read the rest of this article »

    Posted on 17th July 2018

    SCAFFOLDER DEVELOPMENT EMBRACED BY INDUSTRY

    CPD training attracts over 2500 scaffolders during first year of operation

    Read the rest of this article »

    Posted on 11th July 2018

    SECURITY PANELS FELL DESPITE EARLY WARNING

    Firm fined £1/4 million after worker crushed by falling fencing

    Read the rest of this article »

    Posted on 10th July 2018

    VEHICLE STRIKE TRIGGERED FALL OF ROOF TRUSSES

    Manufacturer failed to identify a suitable safe system of work

    Read the rest of this article »

    Posted on 10th July 2018

    INCIDENT: CHILD STRUCK BY FALLING OBJECT

    Wood falling from scaffold triggers arrest of two on construction site

    Read the rest of this article »

    Posted on 10th July 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic