Health and Safety Executive HSE

[edit] A brief history

The Factories Act 1833 created the first statutory requirements for health and safety in the UK, introducing factory inspectors, primarily to prevent injury and overworking in child textile workers. This was followed by the creation of the Mines Inspectorate in 1843, the Quarry Inspectorate in 1895 and then controls on agriculture the nuclear industry and so on.

In 1911 the Home Office Experimental Station was opened, which was the first time the Government became directly involved in mines safety research and this was the very first incarnation of what was later to become the HSE Science and Research Centre.

This culminated in the introduction of the Health and Safety at Work etc Act and the creation of the The Health and Safety Commission (HSC) in 1974. The Health and Safety Executive (HSE) was formed on 1 January 1975 to carry out the requirements of the Health and Safety Commission.

[edit] HSE's role and position

HSE is the national independent regulator for work-related health, safety and illness, working in the public interest to reduce work-related death and serious injury in the workplace. It is a non-departmental public body (NDPB) reporting to the Department for Work and Pensions (DWP). It is governed by a Board and the Senior Management Team. HSE’s role includes shaping, reviewing and enforcing regulations and producing research and statistics.

[edit] Building Safety Regulator under HSE

Following the tragic Grenfell tower fire in 2017, an Independent review of the building regulations and fire safety was carried out, also known as the Hackitt review, named after its Chair Dame Judith Hackitt. In response to this review a legislative framework was developed to focus on the enhancement of safety in buildings, in particular high-rise and multi-occupancy residential buildings, this culminated The Building Safety Act 2022. The Building Safety Act was effective from April 2 2023, it purpose being to ensure all buildings and in particular high-rise buildings are designed, constructed, and managed to be safe for occupants. It provided a legal framework for further regulations and guidance related to building safety including fire safety and structural integrity, with responsibilities allocated to owners, managers, designers, contractors and developers in England and Wales.

The Act created three new regulatory bodies to provide oversight of the new regime which included: The National Construction Products Regulator (NRCP), The New Homes Ombudsman Scheme/Service (NHOS) and finally the Building Safety Regulator (BSR). The BSR in England was established under the Building Safety Act 2022 as part of the Health and Safety Executive (HSE) with the specific purpose of regulating higher-risk buildings, raising safety standards of all buildings and to help professionals in design, construction, and building control, to improve their competence. BSR sets out rules to protect the design and construction of higher-risk buildings, helping to give residents confidence in the safety and standards of buildings, it has a legal responsibility to consult with residents through its residents panel.

[edit] Health and safety in construction

Buildings can present a great number of possible risks both in construction and operation. There are many duties placed on those commissioning, designing, constructing and operating buildings to control those risks. The legislation affecting health and safety in design and construction falls under the Health and Safety at Work etc. Act through regulations such as the Control of Asbestos Regulations, the Control of Substances Hazardous to Health Regulations (COSHH) and in particular the Construction (Design and Management) Regulations, first introduced in 1994. (See Health and Safety and CDM for more information).

According to HSE, the most common causes of accidental death and injury in the construction industry are:

• Falls.
• Mobile plant.
• Falling material and collapses.
• Electrical accidents.
• Trips.
• Asbestos.
• Manual handling.
• Noise and vibration.
• Chemicals.

Ref HSE Health and Safety in Construction.

[edit] Inspection

HSE’s Construction Division is part of the Field Operations Directorate (FOD). It includes:

• Operational units with more than a hundred inspectors across the country.
• A Construction Sector dealing with key stakeholders.
• A Policy Unit which develops new construction legislation and deals with wider policy initiatives.

Health and safety in construction is usually enforced by HSE inspectors, although smaller works may be the responsibility of inspectors from the local authority.

Inspectors have the power to:

• Enter premises.
• Issue notices requiring that improvements are made.
• To stop processes where there is a risk of serious injury.
• Prosecute a business or an individual for breaking health and safety law.
• Offer guidance, education and support.

Businesses receiving improvement or prohibition notices have the right to appeal to an industrial tribunal, although the action required by a prohibition notice is not suspended pending the appeal.

See Health and Safety Inspector for more information.

HSE must be notified in writing before construction starts if the work is expected to either:

• last longer than 30 days; or
• involve more than 500 person days of construction work.

See Notify HSE for more information.

NB in 2017, the Unite union reported that the number of HSE inspectors had dropped by 25% since 2010, falling from 1,311 frontline inspectors to just 980. Unite acting general secretary Gail Cartmail said; “Rogue bosses who are prepared to break safety laws, are only kept in check by the fear of being caught and punished. Fewer inspectors mean more bosses willing to risk workers’ lives to boost profits." Ref http://www.unitetheunion.org/news/unite-reveal-shock-25-per-cent-cut-in-health-and-safety-inspectors/

[edit] Planning

HSE is also a statutory consultee to local planning authorities on planning applications for Hazardous Substances Consent (HSC) and developments near major hazard installations and pipelines. Its role as statutory consultee is to ensure planning decisions are informed by the public safety risks arising from applications.

On 28 July 2014, HSE’s Health and Safety Laboratory (HSL) launched an enhanced pre-application service intended to make it easier and faster for developers and planning authorities to access land use planning information and advice. The Land Use Planning Pre-application Advice service will be fully rolled-out in March 2015. See HSE Land Use Planning Pre-application Advice for more information.

[edit] CONIAC

The Construction Industry Advisory Committee (CONIAC) advises HSE on the protection of people at work and others from hazards to health and safety within the building, civil engineering and engineering construction industries. Its membership comes from the HSE, employers, employees and key industry stakeholders, including small and medium-sized enterprises. It is chaired by the Chief Inspector of Construction.

See CONIAC for more information.

[edit] Related articles on Designing Buildings

• Asbestos.
• Automated external defibrillator AED.
• Carbon monoxide Requirement J3.
• CDM 20-20 vision - changing the culture.
• CDM Regulations.
• CONIAC.
• Construction Health and Safety Group CHSG.
• COSHH.
• Deleterious materials.
• Demolition.
• Driving and riding safely for work.
• Emergency services.
• Fee for intervention.
• Fire.
• Fire authority.
• Fire and rescue service.
• Gas Safe.
• HSE land use planning pre-application advice service.
• HSG 168 Fire safety in construction.
• Health and safety.
• Health and safety inspector.
• Hot water safety in health and social care settings.
• Improving health and safety using BIM.
• Inspections focus on occupational lung disease.
• ISO/PAS 45005 Guidance for working safely during COVID-19.
• Lock out tag out LOTO.
• Notify HSE.
• Occupational health.
• Occupational Safety and Health Administration OSHA.
• Planning now for hydrogen.
• Planning permission.
• Registration, evaluation, authorisation and restriction of chemicals REACH.
• Reporting accidents and injuries on construction sites.
• Risk assessment under The Regulatory Reform (Fire Safety) Order 2005.
• Statutory consultee.
• Sweeping building safety measures announced
• The Building Safety Bill and product testing.
• Understanding and managing workplace stress is critically important to civil engineers.
• What is CLOCS?
• Workplace noise exposure estimator.

[edit] External references

• Health and Safety Executive
• HSE Health and Safety in Construction.