The end of the road for LAs?

The continuing failure of local authorities adequately to address health and safety has raised the possibility of centralised enforcement, reports Chris Dyer.

The falling priority given by local authorities (LAs) to health and safety inspection has led to warnings that their health and safety responsibilities could be taken from them and delivered centrally.

LAs protect the health and safety of 12 million workers and countless members of the public. The 410 LAs in England, Scotland and Wales are responsible for enforcing health and safety law, through environmental health and technical officers, in around 1.1 million premises. These include offices, retail and wholesale distribution outlets, hotel and catering establishments, residential care homes, consumer services and the leisure industry.

Recently released statistics (see box) show a 10% drop in inspection rates during the past year and a reduction in full-time equivalent (FTE) officers responsible for health and safety, which continues a five-year fall. Speaking at a symposium in Lancaster organised by the Chartered Institute of Environmental Health (CIEH) in July, Allan Davies, head of the HSE's Local Authority Unit (LAU) said that the trend was worrying and that local government must recognise, and make adequate arrangements to deliver on, its responsibility for health and safety enforcement.

"There is clear evidence that many LA inspectors are more carefully targeting their work to areas of greatest risk and this must be recognised and commended. But the overall trend is not encouraging," Davies said.

"Wave goodbye"

CIEH policy officer Mike Garton said that the new statistics could signal the end of LA enforcement of health and safety: "There is now a very strong possibility that health and safety will be stripped from councils and handled centrally. Unless councils review seriously their resource allocation, then LAs can wave goodbye to health and safety."

HSC chair Bill Callaghan has been warning LAs for several years about their health and safety enforcement performance. Addressing the annual conference of the CIEH in September 2000, Callaghan claimed that not all LAs were making adequate arrangements: "Time is short and the targets are hard. I expect local authorities to use their full enforcement powers where necessary and appropriate."

Callaghan backed up this warning in September 2001 when he wrote to all LA chief executives, reminding them that the HSC has powers to strip a failing council of its health and safety role. Then, in December 2001, Callaghan told the fifth Health and Safety Executive/Local Authority Enforcement Liaison Committee (HELA) annual conference: "There has to be change. If we keep on doing the same things, we will not make further progress" (LA safety enforcement officer total hits all-time low).

Revitalising targets

LAs have a major role in meeting the injury and ill-health targets set by the HSC and the government in the Revitalising health and safety strategy (Employers face major health and safety at work shake-up). The HSE is currently reviewing the role of LAs as part of its strategic planning for 2004 and beyond, and identifies LAs as one of the five "most significant areas of opportunity and threat". The number of premises enforced by the HSE has fallen, while those enforced by LAs - mainly in the service sector - has risen and includes businesses where the "newer" challenges are found. Continued under-resourcing of their health and safety functions by LAs results in an inconsistent approach across the country and could jeopardise the chances of meeting the Revitalising targets.

Speaking at the CIEH's Lancaster symposium, Callaghan said that the HSC/E were committed to a new relationship with local government and conceded that, in the past, the HSE had not taken LAs seriously enough. He told delegates: "I think the rigid distinctions make no sense. I want more partnership working on particular projects", and added that the work of environmental health practitioners (EHPs) should be given a broader position within policies.

"I don't think that the HSC, the HSE or LAs have fully reflected the changes in the workplace. Issues like stress will demand new skills for regulators; we need a new partnership in large part because of the dramatic shift to the service sector. The status quo is not tenable. We will not meet targets unless we have new relationships." Callaghan said that there was scope within each LA to give greater priority to health and safety if there was the political will, and added that it was his priority to convince political leaders of the need for this.

Resources are at the heart of LAs' current difficulties, where there is a well-recognised recruitment crisis, particularly in relation to regulatory services. This hits environmental health departments, from where most LA enforcement officers are drawn. Many LAs have increased the use of agency staff to undertake inspections and are attempting to find innovative ways to maximise effectiveness. Callaghan conceded in Lancaster that there was no clear route for LAs to gain resources for health and safety in the way he put bids for funding to ministers.

Audits

Action point 27 of Revitalising asked the HSC to work with LAs to develop a performance indicator for LAs' health and safety enforcement and promotional activity. The indicator has been set by the HSC and HELA as a measure of the extent of LAs' compliance with the HSC's mandatory guidance issued under s.18 of the HSW Act. Details of the indicator were initially disseminated to LAs in HELA local authority circular (LAC) 23/19 in January 2002.

Section 18(4) of the HSW Act places a requirement on LAs to make adequate arrangements to enforce health and safety law. This includes a requirement that LAs undergo an audit of their management of health and safety enforcement at least once every five years and develop subsequent action plans. LAs should compare and benchmark the results and conclusions of these audits with other LAs.

The audit framework will help LAs assure themselves, and the HSC, that they are making an effective contribution to the HSC's priorities. The audit will also help LAs to identify good and best practice, promote consistency of enforcement between LAs and promote continuous improvement in the delivery of their health and safety enforcement service. The LAU is analysing the audits carried out to date and will publish its findings later in the year. Callaghan has warned that he will "name and shame" underperforming LAs.

The latest injury and ill-health figures will be released around November 2003 in a new HELA national picture, and will review progress towards the Revitalising targets. There will also be a HELA annual report for 2002/03, to be released on 10 December 2003, coinciding with the HELA annual conference.

CIEH director of technical policy Andrew Griffiths says that there is no doubt that change is needed and that there is an urgent need for LA EHPs to focus on priority issues, such as workplace transport, falls, slips and trips, musculoskeletal disorders and stress. "This will involve new ways of working, such as themed inspections," Griffiths says. "Without that, there will be little chance of the targets in Revitalising being met."