Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

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.