HSE Enforcement Trends: A Relaxation In Regulatory Enforcement?

• Published date: 20 May 2020
• Author: Mr Chris Morrison and Mark Brookes
• Subject Matter: Insurance, Insurance Laws and Products
• Law Firm: Clyde & Co

As the Health and Safety Executive (HSE) publishes its interim statistics for fatal injuries arising from accidents at work^1., alongside its annual enforcement statistics for 2018/19^2., we look at how the figures compare to previous years and what they can tell us about the regulator's approach to enforcement for businesses and individuals. With the impact of the current pandemic requiring a flexible approach to ongoing regulation, we also consider what effect this may have on future enforcement action.

What are the headlines?

Indisputably, the UK's record of controlling the risk of workplace injury and ill-health stands well in comparison with other EU member states. The UK consistently has one of the lowest standardised rates of fatal injury across the EU, lower than other large economies and the EU average. Indeed, the number of UK fatalities has remained broadly consistent in recent times.

Notwithstanding the above, we have recently seen a more complicated picture emerging. The headline statistics reveal:

• 1.4 million working people suffering from a work-related illness.
• 2,526 mesothelioma deaths due to past asbestos exposures (2017).
• 147 workers killed at work. This is an increase of six from the previous year's records.
• 581,000 working people sustaining an injury at work (according to the Labour Force Survey).
• 69,208 injuries to employees reported under RIDDOR.
• 28.2 million working days lost due to work-related illness and workplace injury.
• '15 billion estimated cost of injuries and ill health from current working conditions (2017/18).

Interestingly, and despite the strong figures above, there were only 394 cases prosecuted by the HSE and, in Scotland, the Crown and Procurator Fiscal Service. This equates to a 23% decrease in the number of cases prosecuted compared to the previous year (there were over 500 cases prosecuted in 2017/2018). Yet the conviction rate for health and safety offences remains high, with 364 of the 394 cases prosecuted resulting in a conviction.

In addition to the decrease in the number of cases coming before the Court, there was also a notable decrease in the number of enforcement notices issued by the HSE and Local Authorities, continuing a long term downward trend.

Total fine levels have also dropped ('54.5 million), with average fine levels appearing to stagnate, at least for the moment ('150,000). Whilst there does not appear to be one clear reason to explain the shift, it may be that fine levels are plateauing as health...