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Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - United Kingdom of Great Britain and Northern Ireland (RATIFICATION: 2008)

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene – commerce and offices), 148 (working environment (air pollution, noise and vibration)) and 187 (promotional framework for OSH) together.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Conventions on the basis of the supplementary information received from the Government this year (see Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148 below), as well as on the basis of the information at its disposal in 2019.

COVID-19 measures. The Committee notes the information provided by the Government on the occupational safety and health measures taken in the context of the COVID-19 pandemic. This includes the measures by the Health and Safety Executive (HSE) (and the Health and Safety Executive Northern Ireland (HSENI)) focused on the provision of information and advice for workers in the health care sector, as well as guidance for employers and workers in managing the risks associated with re-starting business, and proactive inspections. The Government states that throughout the period, the HSE has continued to engage with tripartite stakeholders.

Articles 2(1), 3(1), 4(3)(a) and 5 of Convention No. 187 and Article 5(1) and (2) of Convention No. 148. National OSH policy and programme and tripartite participation. The Committee notes the information provided by the Government in its report on the application of Convention No. 187, in reply to the Committee’s request, on the implementation and impact of the occupational safety and health (OSH) strategy 2009–15. It notes with interest the adoption of a new five year OSH strategy for the period starting in 2016, and the Government’s indication that it is developing a strategy for beyond 2020. The Committee also notes the information provided by the Government, in response to the Committee’s request, on the objectives, targets and indicators of progress provided for in the annual business plans and annual performance reports of the HSE. The Committee notes that: (i) the current OSH strategy was developed hand-in-hand with employers and worker representatives; (ii) consultation with employers’ and workers’ organizations takes place through regular meetings, conferences and information gathering events; and (iii) the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee also notes the information provided by the Government in its report on the application of Convention No. 148 that representatives of workers and employers are consulted via their membership of the tripartite HSE Board on the formulation, implementation and review of the national strategy for health and safety at work. The Committee requests the Government to continue to provide information on the formulation of the OSH strategy for beyond 2020, in consultation with the social partners.

Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee previously noted that under the plan for the reform of the health and safety system, inspection is concentrated on the higher-risk sectors on the basis of a targeting and intelligence system, and that inspection no longer takes place in lower-risk sectors, but that employers in any sector who underperform in health and safety might still be visited. The Committee notes the additional information provided by the Government, in response to its request, on the functioning of this reformed system, including on the modalities for determining sectors as higher or lower risk. The Committee also notes the information provided by the Government that it is currently examining the operation of the HSE’s intelligence-led system for targeted inspection visits (the “Going to the Right Places programme”) with a view to informing the future activities of the HSE. The examination of this strategic approach includes benchmarking visits and the Government states that there are further opportunities to improve the targeting. The Committee further notes that the Government provides the requested health and safety statistics in response to its request on the application of Convention No. 187 in practice. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue to provide information on the mechanisms for ensuring compliance with the national occupational health and safety legislation, including statistical data on the application in practice of the above Conventions.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 3(2) of the Convention. Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the information provided by the Government, in response to its request, concerning the measures taken to promote workers’ involvement for a safe and healthy environment, including the publication of a toolbox aimed at assisting worker safety representatives and employers in the control of workplace hazards. The Committee takes note of this information.

Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee notes the Government’s reference, in response to the Committee’s request on the coverage of workers by occupational health services, to a 2015 study which indicates that around half of all workers have access to occupational health services through their workplace. The Government adds that it is committed to setting out a clear direction and strategy on occupational health by 2019–20, and that it is the Government’s vision to ensure timely access for all workers to quality occupational health services. The Committee requests the Government to continue to provide information on efforts to maintain, progressively develop and periodically review the provision of occupational health services.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes. The Committee notes the information provided by the Government, in response to its request, on the collaboration between the HSE and the Secretary of State for the Department for Work and Pensions. This collaboration is governed by a framework agreement, and includes quarterly meetings between the Chair and Chief Executive of the HSE and the leadership of the Department. The Committee requests the Government to provide further details on this collaboration, including with regard to the mechanisms of collection and analysis of data on occupational accidents and diseases in the country.

Radiation Protection Convention, 1960 (No. 115)

General observation of 2015. The Committee notes the Government’s indications in response to the Committee’s reference to its General observation of 2015, regarding measures taken to give effect to the Convention, particularly as regards the protection of workers through the Ionizing Radiation Regulations 2017, which replaced the Ionizing Radiation Regulations 1999.

Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Case of emergency workers. The Committee previously emphasized, with reference to the term “emergency exposure” in the national legislation, that for emergency situations, informed emergency workers may volunteer to receive a dose higher than the established reference levels only in limited circumstances, but that they do not include the saving of valuable installations or goods. The Committee notes the Government’s response to its request that the Ionizing Radiations Regulations 2017 and the Radiation (Emergency Preparedness and Public Information) Regulations 2019 still define “emergency exposure” as “to bring help to endangered persons, prevent exposure of a large number of persons or save valuable installations or goods”. However, the Government adds that in practice, a radiation emergency is determined with regard to an impact on health and safety, and that emergency workers may therefore not be subject to an exposure that exceeds the established limit for the sole purpose of saving valuable installations or goods. The Committee requests the Government to consider, for the purpose of legal certainty, to include this interpretation in relevant regulations to provide for the protection of emergency workers in practice.

Article 7(2). Young workers under the age of 16. The Committee notes from the Government’s indications and Part I of Schedule 3 of the Ionizing Radiations Regulations 2017 and Part I of Schedule 3 of the Ionizing Radiations Regulations (Northern Ireland) 2017 that the limit on the effective dose for any person other than a designated employee or trainee, including any person below the age of 16, is to be 1 mSv in any calendar year.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 2(3) of the Convention. The Committee welcomes the Government’s statement that it accepts the obligations of the Convention in respect of the categories of hazards relating to noise and vibration, which had been excluded at the time of ratification by the Government. The Committee therefore invites the Government to consider sending a formal notification to the Director-General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.

Article 8(2). Consideration of opinions of technically competent persons designated by employers’ and workers’ organizations. The Committee notes the Government’s reference in its report to legislation providing for the designation of safety representatives and other technically competent persons at the enterprise level. However, the above Article refers to the consideration of opinions of technically competent persons designated by employers’ and workers’ organizations in the establishment of the determination of exposure levels by the competent authority. In this respect, the Committee also notes the information provided by the Government in its comment on the application of Convention No. 187 that the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee requests the Government to provide information on how technically competent persons designated by employers’ and workers’ organizations, such as those on tripartite advisory committees, are consulted in the determination of exposure levels by the competent authority.

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In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene – commerce and offices), 148 (working environment (air pollution, noise and vibration)) and 187 (promotional framework for OSH) together.

Articles 2(1), 3(1), 4(3)(a) and 5 of Convention No. 187 and Article 5(1) and (2) of Convention No. 148. National OSH policy and programme and tripartite participation. The Committee notes the information provided by the Government in its report on the application of Convention No. 187, in reply to the Committee’s request, on the implementation and impact of the occupational safety and health (OSH) strategy 2009–15. It notes with interest the adoption of a new five year OSH strategy for the period starting in 2016, and the Government’s indication that it is developing a strategy for beyond 2020. The Committee also notes the information provided by the Government, in response to the Committee’s request, on the objectives, targets and indicators of progress provided for in the annual business plans and annual performance reports of the Health and Safety Executive (HSE). The Committee notes that: (i) the current OSH strategy was developed hand-in-hand with employers and worker representatives; (ii) consultation with employers’ and workers’ organizations takes place through regular meetings, conferences and information gathering events; and (iii) the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee also notes the information provided by the Government in its report on the application of Convention No. 148 that representatives of workers and employers are consulted via their membership of the tripartite HSE Board on the formulation, implementation and review of the national strategy for health and safety at work. The Committee requests the Government to continue to provide information on the formulation of the OSH strategy for beyond 2020, in consultation with the social partners.

Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee previously noted that under the plan for the reform of the health and safety system, inspection is concentrated on the higher-risk sectors on the basis of a targeting and intelligence system, and that inspection no longer takes place in lower-risk sectors, but that employers in any sector who underperform in health and safety might still be visited. The Committee notes the additional information provided by the Government, in response to its request, on the functioning of this reformed system, including on the modalities for determining sectors as higher or lower risk. The Committee also notes that the Government provides the requested health and safety statistics in response to its request on the application of the Convention No. 187 in practice. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on the mechanisms for ensuring compliance with the national occupational health and safety legislation, including statistical data on the application in practice of the above-mentioned Conventions.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 3(2). Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the information provided by the Government, in response to its request, concerning the measures taken to promote workers’ involvement for a safe and healthy environment, including the publication of a toolbox aimed at assisting worker safety representatives and employers in the control of workplace hazards. The Committee takes note of this information.

Radiation Protection Convention, 1960 (No. 115)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

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Referring to its observation, the Committee wishes to raise the following additional points.

Article 2(1) of the Convention. National policy. The Committee notes the Government’s statement that the Health and Safety Executive (HSE) continues to implement the occupational safety and health strategy entitled “The health and safety of Great Britain: Be part of the solution” launched in 2009. The Government indicates that the implementation of this strategy is being pursued through an updated 2012–15 business plan. The Committee requests the Government to continue to provide information on the implementation of its occupational safety and health strategy, including the implementation and impact of the 2012–15 business plan.

Article 3(2). Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the Government’s statement that the HSE’s campaign and training initiative to support workers’ involvement in health and safety in organizations was a significant success. The Government indicates that this programme, launched in 2010, promoted the benefits of worker involvement in health and safety and included training modules for employee representatives and line managers. Noting the positive evaluation of this initiative, the Committee requests the Government to provide information on any further measures taken or envisaged in this regard, to promote and advance, at all levels, the right of workers to a safe and healthy environment.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes. The Committee notes the information provided by the Government with respect to the Industrial Injuries Advisory Council, which advises the Secretary of State for the Department for Work and Pensions on matters relating to industrial injuries benefits and its administration. The Committee requests the Government to provide further information on the collaboration between the HSE and the Secretary of State for the Department for Work and Pensions, including with regard to the mechanisms of collection and analysis of data on occupational accidents and diseases in the country.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes the Government’s indication that it had launched, in June 2000, a Revitalising Health and Safety strategy that set three national targets for improving health and safety performance by 2010. The Committee notes that according to the Statistical assessment of progress towards the Revitalising Health and Safety targets (published by the HSE in 2011), two targets were met (to reduce the incidence rate of fatalities and major injuries by 10 per cent; and to reduce the number of working days lost per worker from work-related injury and ill health by thirty per cent). This assessment also indicated that one target was not met (to reduce the incidence rate of cases of work-related ill health by 20 per cent). The Committee also notes the Government’s indication that since 2010, the HSE has not had numerical performance targets. However, the Government indicates that the three-year HSE business plan contains the aims and objectives that the HSE will seek to achieve through its activities. The Committee requests the Government to continue to provide information on the objectives, targets and indicators of progress set out in accordance with this provision of the Convention.

Application of the Convention in practice. The Committee notes the Government’s reference to the health and safety statistics of the HSE for Great Britain 2013–14. These figures indicate that 1.2 million working people suffer from a work-related illness, that 28.2 million working days were lost due to work-related illness or workplace injury, and that the estimated cost of injuries and ill health from current working conditions was approximately £14.2 billion. The Committee requests the Government to continue to provide available statistical data concerning the manner in which the Convention is applied in practice.

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The Committee notes the observations of the Trades Union Congress (TUC), received with the Government’s report on 26 August 2014.

Articles 2(1), 3(1) and 4(3)(a) of the Convention. Tripartite participation. The Committee notes the TUC’s reference to the requirements of Articles 2(1), 3(1) and 4(3)(a) of the Convention. The TUC states that the Government has not indicated what process it uses to consult with workers’ and employers’ representatives, pursuant to Articles 2(1) and 3(1) of the Convention, beyond public consultations, nor has the Government indicated how it defines any tripartite bodies (referenced in Article 4(3)(a)) or how it ensure that these bodies are tripartite. The Committee requests the Government to provide its comments in this respect.

Article 4(2)(c). Mechanisms for ensuring compliance with national laws and regulations, including systems of inspections. The Committee previously noted the comments of the TUC that the level of inspections carried out in the country was both low and inconsistent. In this regard, the Government indicated that the number of inspections carried out by the Field Operations Divisions of the Health and Safety Executive should be evaluated within the context of the preventive activities that this Division actively carries out.

The Committee notes the Government’s statement in the present report that the plan for the reform of the health and safety system introduced a new categorisation of non-major hazard industries, and that under this plan, inspection is concentrated on the higher-risk industrial sectors. The Government indicates that inspection no longer takes place in lower risk sectors where it is not effective in terms of outcomes, but that employers in any sector who underperform in health and safety may still be visited. The Government indicates that a targeting and intelligence system has been developed in conjunction with the Health and Safety Laboratory to identify workplaces where proactive inspection can be justified. This policy of targeting inspections has resulted in a reduction by one third of the number of inspections per year from the level of activity in 2010–11. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide further information on the functioning of the new targeting and intelligence system and the selection process of workplaces liable to inspection, including the modalities for the identification of employers who are underperforming in terms of health and safety. In this regard, it requests the Government to provide information on the criteria for determining sectors as lower risk, in which inspections will not take place, as well as the mechanisms for ensuring compliance with national occupational health and safety legislation in these sectors.

Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee previously noted the statement of the TUC that there is no national occupational health provision in the United Kingdom and that, as few employers have access to private providers, the vast majority of workers have no coverage. The Committee noted in this regard that the Government indicated that the legislation required employers to provide such services where particular risks are thought to occur and where medical surveillance might be necessary.

The Committee notes the Government’s indication in the present report that small and medium enterprises can get occupational health advice and support through a free support line, and through a network of National Health Service providers. It also provides information on private occupational health services that can be engaged by employers, as well as on a standard and voluntary accreditation system for these providers that aims to raise the overall standard of care provided by occupational health services. The Committee requests the Government to provide information, in its next report, on the percentage of workers covered by occupational health services. It also requests the Government to continue to provide information on efforts to maintain, progressively develop and periodically review its occupational health service system.

The Committee is raising other matters in a request addressed directly to the Government.

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Further to its observation, the Committee requests the Government to provide additional information on the following points.

Article 2(2) of the Convention. Taking account of the principles set out in instruments of the ILO relevant to the promotional framework for occupational safety and health. The Committee notes that the Government indicated in its report that some of the Conventions not ratified by the United Kingdom often have counterparts in UK legislation or practice, such as the principles of national policy set out in Convention No. 155, at Articles 4, 6 and 7. The Government is requested to keep the Committee informed of any developments in this respect.

Article 2(3). Periodic consideration has been given to measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. The Committee notes that the Government states that the Labour Inspection (Agriculture) Convention, 1969 (No. 129), is at the early stages of being re‑evaluated and there is a possibility for the extension of the scope of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148). The Government is requested to keep the Committee informed of any developments on this respect.

Article 3(2). Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the detailed information provided regarding the promotion of workers’ rights in relation to occupational safety and health (OSH), including the reference made to the right to raise safety and health concerns without suffering detriment, such as unfair dismissal, in accordance with the Employment Rights Act 1996 (sections 43, 44 and 100), workers’ rights to be involved in and contribute to safety and health at their workplace reflected, inter alia, in new and revised guidance launched by the Health and Safety Executive (HSE), as well as promotional material addressed to vulnerable (including migrant and temporary) workers regarding their entitlements to health and safety protection at work, and the communications and training initiative to influence and support workers to get involved in OSH and to promote the benefits of joint problem-solving launched in March 2010. The Committee requests the Government to provide further information on the outcome of the abovementioned initiatives and to continue to provide information on measures taken to apply this provision of the Convention.

Article 3(3). Measures taken to promote the basic principles and to develop a national preventative safety and health culture. The Committee notes the Government’s reference to Regulation 4 of the Management of Health and Safety at Work Regulations, 1999 (MHSWR), providing the legal basis for promoting the basic principles. The Committee notes, in particular, the setting up by the HSE of a “health and safety forum”, the campaign and media used by the HSE to promote the basic principles, and to develop a national preventive safety and health culture. The Committee requests the Government to provide further information on the outcome of the media campaign and to continue to provide information on measures taken to apply this provision of the Convention.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes. The Committee notes that the Government’s report indicates that collaboration with social security services in regard to OSH rests with the Department of Work and Pensions, who are advised about its Industrial Disablement Benefits Scheme by an independent Industrial Injuries Advisory Council where the HSE has observer status. The Committee requests the Government to provide further information on the process, frequency and outcome of such collaboration and to continue to provide information on measures taken to apply this provision of the Convention.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes the information provided by the Government regarding the usage of objectives, targets and indicators of progress and that, in the Government’s view, performance in this area is best measured over the longer term and in terms of the direction towards objectives set up. In the context of the Departmental Strategic Objective (DSO), improvements in the incidence of fatal and major injuries are evaluated against a 1999–2000 baseline and work-related ill-health from a 2001–02 baseline. The Committee notes with interest the reference made by the Government to a systematic use of indicators and targets and that each year an assessment of progress against these targets and indicators, together with progress towards any related DSO measures, is published on the HSE website (www.hse.gov.uk/statistics/targets.htm). The Committee further notes that the HSE is also planning to publish an additional “One Year On” report in the autumn that aims to capture how others are responding to the new strategy. The Committee requests the Government to continue to provide information on the outcome of and experiences gained in relation to the use of the national indicators and targets.

Part V of the report form. Application of the Convention in practice. The Committee notes the detailed statistical information made available by the Government. The Committee requests the Government to continue to provide references to available statistical data and to provide further information on any specific measures taken to address relevant trends in this context.

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The Committee notes the Government’s comprehensive first report including the legislative texts attached. The Committee also notes the comments of the Trade Union Congress (TUC), submitted on 31 August 2010, and the Government’s response thereto of 15 October 2010.

Article 4(2)(c) of the Convention. Mechanisms for ensuring compliance with national laws and regulations, including systems of inspections. The Committee notes the information in the Government’s report that section 19 of the Health and Safety at Work Act 1974 (HSWA) provides the criteria for the appointment of inspectors, while sections 20–25 set out the inspectors’ powers; that as of 1 April 2009 the Health and Safety Executive (HSE) has 1,323 full-time inspectors; and that, according to the HSE Enforcement Policy Statement, enforcement law is based on the principle of proportionality: “Those whom the law protects and those on whom it places duties expect that action taken by enforcing authorities to achieve compliance or bring dutyholders to account for non-compliance should be proportionate to any risks to health and safety, or to seriousness of any breach, which includes any actual or potential harm arising from a breach of law.” The Committee also notes that, according to the TUC comments, the level of inspections carried out in the country is both low and inconsistent, that in the ten-year period from 1999 to 2009, the number of recorded inspections decreased 69.5 per cent, and that, based on the number of premises covered by the Field Operations Divisions (FOD), the average premises could expect a visit by an HSE inspector every 38 years. The Committee notes that, in its response, the Government indicates that it has not set targets for the number of inspections to be undertaken, and has neither maintained nor created system routines so as to record them, and that the Government considers that the number of inspections carried out by the FOD should be evaluated in the context of the preventive activities the FOD actively carries out including the safety and health awareness days and the introduction of new supply-chain initiatives. The Government also indicates that the figures quoted by the TUC do not take into account the fact that the rapid turnover of small businesses distorts the figures. The Committee requests the Government to continue to provide information on the functioning of, and efforts to maintain, progressively develop and periodically review its labour inspection system.

Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee notes that the Government reports that the main occupational health services (OHS) responsibilities lay with the dutyholder, and that any worker who suffers an illness due to their occupation is eligible for treatment by the National Health Service (NHS); that by virtue of Regulations 6 and 7 of the Management of Health and Safety at Work Regulations 1999, the employer is under a duty to provide OHS in accordance with national law and practice; and that it launched, in January 2010, a pilot programme for a voluntary UK accreditation scheme for OHS based on standards developed by the Faculty of Occupational Medicine (FOM), and that this scheme will become operational in 2011. The Committee also notes that, according to the TUC, there is no national occupational health provision in the United Kingdom and that, as few employers have access to private providers, a vast majority of workers have no coverage. The Committee further notes that, in its response, the Government emphasizes the regulated employers’ duties in this respect where particular risks are thought to occur and where medical surveillance might be necessary. The Government also refers to the introduction, in 2001, of the “NHS Plus” project offering a range of OHS for large and small employers. The Committee requests the Government to continue to provide information on efforts to maintain, progressively develop and periodically review its occupational health service system, and on the experiences gained in relation to the OHS voluntary UK accreditation scheme and the 2001 “NHS Plus” project.

The Committee is raising other points in a request addressed directly to the Government.