Compliance code could curb HSE inspections

News | HSW
15.09.2007

HSE inspections could be cut back radically if the government passes a new code for regulators, according to campaigners the Centre for Corporate Accountability (CCA).

The draft Regulators' Compliance Code will require HSE and local authorities, along with the Environment Agency and other enforcing bodies, to all but abandon random inspections and to focus enforcement effort on "the few businesses that persistently break regulations".

The CCA claims the code amounts to a "charter for corporate criminals", which will stop regulators carrying out their enforcement roles.

The code has been drawn up by the Better Regulation Executive to give statutory weight to the conclusions of the 2005 Hampton Review of regulatory inspection and enforcement.

The draft states that in line with the Hampton principle that "no inspection should take place without a reason", inspections should "only occur in accordance with a risk assessment methodology" and that regulators should only use a small element of random inspection to test their risk methodologies. The CCA argues that random inspections are an important part of the health and safety enforcers' work, as fear of being found lacking on inspection encourages compliance among businesses. It also argues that there is no evidence that only a few employers persistently breach regulations.

The draft code also requires regulators to "recognise that a key element of their activity will be to allow, or even encourage economic progress." The CCA's response says that in investigating deaths and serious injuries, enforcers should not be expected to promote economic development and that the code takes no account of the necessary deterrent and justice-serving element of their enforcement work.  "Whilst its effect would be to 'reduce burdens on business' - it is neither good for safety nor accountability," said CCA director David Bergman.

The Health and Safety Commission broadly supported the draft, having expressed most of its reservations in an earlier stage of consultation. The draft is available at www.cabinetoffice.gov.uk/regulation/documents/consultation/pdf/compliance_code.pdf

The government intends the code to come into force next April.