HSE starts spreading the word

Howard Fidderman looks at how the HSE hopes to provide information and advice in the future.

In the last edition of HSB, we reviewed the HSC's suggestions as to how the enforcing authorities might best intervene in workplace health and safety arrangements¹. Within the HSC's "preferred mix" of eight interventions, education and awareness loomed large, both as one of the eight and as a player in the other seven. In a parallel move just days before the HSC issued its interventions consultative document, the HSE published a statement on how it envisaged its provision of advice and information developing over the next few years².

Both documents stem in part from the ways in which the world of work has changed in the 30 years since the inception of the HSC/E and the HSW Act 1974. These changes include increases in the number of people working in small and medium-sized enterprises (SMEs), from home and without union representation. Research that the HSC commissioned from Greenstreet Berman, as a precursor to its interventions consultation, concluded that the large number of SMEs "particularly challenged" the enforcing authorities' "reliance on traditional contact-based methods". Put another way, how do the 1,700 inspectors and other frontline staff employed by the HSE and local authorities (LAs) cope with the fact that there are three million businesses in Britain that employ fewer than 10 people?

Furthermore, the HSC acknowledges that although the HSE and LAs already provide advice, guidance and other information that is "respected as authoritative and comprehensive", some businesses - particularly SMEs - will not approach the HSE or LAs "because they fear that they may be alerting us to their problems and inviting enforcement action". But, continues the HSC: "If they fear contact with the HSE or LAs, and existing channels do not reach or influence them, we are missing a huge opportunity and potential for health and safety gain. It is essential, therefore, that we extend our reach, improve the take-up of the advice and guidance we offer, and stimulate others to give better coverage."

HSE to keep advice function

The HSE's statement rules out the formal separation of its advice and enforcement functions. This possibility had been alluded to in the Greenstreet Berman report, which had floated the idea that the HSE could attempt to "allay" the fears held by some hard-to-reach organisations through promotional activities or the creation of a "virtually" separate advisory service. The HSE claims that while some countries separate the functions - notably the Netherlands and the US - there is no "hard" evidence that a similar model would improve the UK's lot. It adds that the Greenstreet Berman report "indicated the roles of enforcement and advice are not mutually exclusive. The two functions work together to reinforce each other, and the combination is necessary for consistency. Stakeholders tell us that, above all, they value our and LAs' advice because it is viewed as authoritative."

The Dutch system requires employers to have a contract with a certified occupational health service that provides quality advice "free from enforcement and any perceived conflict of roles". But, claims the HSE, the Dutch "acknowledge that their system has increased the administrative burden on the employer, an issue they are trying to address". The HSE also points out that separation of its enforcement and advisory role would require extensive legal and organisational changes and would have "major cost implications". Nevertheless, the HSE is sending an officer to the Netherlands and in time "will consider the applicability of the Dutch model in greater detail to see if all or parts of it would be of value here".

Information charges to stay

A perennial criticism of the HSE is that there is a conflict between its role in improving health and safety standards and the fact that it charges for many of its publications, particularly the legal series, guidance and Approved Codes of Practice. In simplistic terms, it is argued that if information improves safety standards and the HSE gave all of its information out for free, safety standards would rise. The HSE has justified its charging policy in the past on the grounds of the costs of printing, paper and distribution. This is clearly less valid an excuse in the age of the internet. Indeed the parliamentary Works and Pensions Committee recommended in July 2004 that all key publications be put free of charge on the internet (see Education or enforcement: MPs examine developing strategy).

The HSE currently makes available 600 of its publications free of charge and states that it "is committed to making more information available online. Increasingly, this will become our primary mechanism for communicating with the world". The HSE is reviewing its pricing policy "with a view to developing a transition plan, allowing more information to appear on the web without incurring any business detriment as a result". It will publish the findings of the review by the end of 2004, but cautions that priced publications generate over £5 million each year "and a move to publishing all guidance free of charge online would have a detrimental impact on the HSE's staffing levels, regulatory activity and ability to produce future guidance".

Improving the HSE's websites

The Greenstreet Berman report noted that 85% of small companies have access to the internet and that 56% of companies of all sizes use the internet to access health and safety information. The HSE currently has two main websites: a free service (www.hse.org.uk) and a paid site (www.hsedirect.com). The free site includes news, consultation documents, research reports and information on the HSC/E's activities and committees. The paid site contains most of its publications - free and priced - as well as Regulations and other services.

The statement confirms that the HSE accepts that the internet is "an increasingly important portal of communication for business" and that it is "key" to its "plans to deliver quality information and advice in parallel" with its enforcement role. The statement commits the HSE to placing all of its free publications online, in one place, and to "making the right information easier to find" through a clearer organisation of its website, based around topics, industries and occupations, with an improved search facility.

The HSE will also use the internet in ways beyond mere information provision to:

HSE InfoLine to grow

The HSE's InfoLine provides health and safety information in response to telephone and written enquiries. The HSE aims to extend InfoLine's reach and scope through improved marketing and the provision of advice. In time, it "would like InfoLine to be the main portal of communication with the HSE for those seeking advice and guidance beyond that available [on its] website. This will improve the convenience for customers and reduce the burden on our frontline staff."

The HSE currently promotes InfoLine services and email enquiries on its website. The service includes "frequently asked questions'" and "top topics" sections. The HSE anticipates that this service will become the "hub of customer activity and enable the development of better customer relationships by providing comprehensive support for the 'online' community".

The HSE is also costing the provision of a "real-time" interactive web-based service through which an InfoLine user can receive feedback. In addition, subscribers will be sent email topic bulletins of interest to them, again reflecting a finding in the Greenstreet Berman report. This service will also be anonymous.

Although the HSE is not explicit on this, it appears to see the InfoLine as the principal hope for reconciling the need to provide official information to hard-to-reach employers with their fear of a visit from an inspector - almost the "virtually" separate advisory service described by Greenstreet Berman. "Stakeholders", states the HSE, "have told us they want the security of advice that is trusted, accurate and comprehensive, so it is essential we maintain InfoLine as an integral part of the HSE brand. The service will, however, remain anonymous with no requirement that customers provide contact details, and we will make this explicitly clear to callers."

Working with others

The HSC's interventions consultation noted that the use of education and awareness involves spreading messages and advice to target groups at the earliest stages. This has proved particularly effective where it involves an intermediary, in conjunction with the HSE, recommending and distributing health and safety practices to its members. It is also particularly useful for influencing hard-to-reach groups. Channels include small business groups and chambers of commerce, as well as educational institutions. The HSE's new statement accepts that working with intermediaries can be "valuable", but cautions that the representation of intermediaries varies according to sector, the merits of different partners have not been fully evaluated and the resource implications of working with intermediaries "are uncertain". It will therefore research the potential role of small firms intermediaries and tailor its response accordingly.

The statement looks at additional ways of working with "others", including:

Important prerequisites

The provision of advice and information is central to improving health and safety standards. The Greenstreet Berman report found that evaluations of the HSE's work and the experience of overseas authorities revealed a consensus that education and information raise awareness of hazards and risk and ensure duty-holders understand the risk so that they will be willing to take action. They also improve employers' understanding of how to control risks and of their legal duties. Research and consultation have, according to the HSE's own statement, shown that "awareness and understanding are important prerequisites to good health and safety performance".

The HSE states that it will "measure the success" of its proposals and keep them under review. "To establish a baseline, work is under way to understand more fully the rationale for use of existing channels, their usage levels, the types of enquiry, ease of access and the service costs."

The HSE's statement represents an evolution, rather than a revolution, in it its provision of advice and information, but is nonetheless important. Crucially, the HSE stresses that the statement is about making its advisory and enforcement roles more effective and targeted, and is "not about reordering the balance".

_{Howard Fidderman is editor of HSB and a freelance journalist.}

¹ "Regulation and recognition: towards good performance in health and safety", www.hse.gov.uk/consult/condocs/cdinterventions.htm.

² "HSE statement on providing accessible advice and support", www.hse.gov.uk/aboutus/plans/index.htm.

³ "Building an evidence base for the HSC strategy to 2010 and beyond: a literature review of interventions to improve health and safety compliance", Greenstreet Berman, 2003, RR196, www.hse.gov.uk/research/rrhtm/rr196.htm.