HSE gets shifty on shiftwork - Hazards issue 107, July-September 2009

HSE gets shifty on shiftwork
Hazards 107, July-September 2009

Shiftworkers in the UK are facing serious health risks but are getting second class safety because the Health and Safety Executive (HSE) clocks off outside normal office hours – and now HSE is lying to cover its tracks.

An online report from Hazards, a follow up to this year’s ‘While you were sleeping’ factsheet (Hazards 106), says the estimated 3.5 million shiftworkers in the UK getting second class treatment because no staff at the official health and safety regulator HSE normally undertake work outside of normal hours – no preventive health promotion work or inspections, for example. Elaine Harbour, head of HSE’s parliamentary unit, confirmed to Hazards “we don't under normal circumstances roster anyone to work outside normal office hours (other than HSE duty officers and press officers who are on call). If anything happens out of hours the relevant inspector(s) will undertake investigations etc. as appropriate.”

However, when approached by the press, HSE changed its story. John Osman, HSE’s chief medical adviser said in a statement: “HSE does carry out preventative inspections out-of-hours where appropriate and necessary, however, inspections are just one in a range of tools we use to regulate and influence employers.” He added: “Any concerns raised with HSE about shift or out-of-hours working are treated seriously and investigated - this may include an out-of-hours inspection.”

A letter from Hazards editor Rory O’Neill to Osman accused the HSE medic of “reinvention and disingenuous spin.” It added “we have on file details of cases where HSE refused to undertake investigations of even fatalities outside of office hours. The dossier includes a statement from one distressed mother whose son had the misfortune of dying on a Friday afternoon, and was told no-one from HSE would be available until office hours on Monday.”

The Hazards report calls for more HSE resources to be targeted at workers on atypical hours, rigorous enforcement of working time law, an end to the UK opt-out from the working time directive’s 48-hour working week ceiling, and for the UK government to follow the Danish government’s lead and compensate workers with breast cancer caused by long-term night work.

Correspondence between HSE and Hazards

From: Rory O'Neill [mailto:editor@hazards.org]
Sent: 09 June 2009 09:31
To: John Osman (john.osman@hse.gsi.gov.uk); Elaine.Harbour@hse.gsi.gov.uk; Laurence.Monaghan@hse.gsi.gov.uk
Subject: Response to report on shift workers

Dear John

Re: HSE response to report on shift workers

HSE’s extremely clear response to my press enquiries contrasts rather starkly with this piece of reinvention and disingenuous spin.

The HSE responses to my press enquiries establish quite clearly it is not HSE’s practice to inspect out of hours, with activities limited to occasional reactive investigations – not preventive inspections.

That said, we have on file details of cases where HSE refused to undertake investigations of even fatalities outside of office hours. The dossier includes a statement from one distressed mother whose son had the misfortune of dying on a Friday afternoon, and was told no-one from HSE would be available until office hours on Monday.

The HSE responses to my enquiries also show regulatory action on working hours is extremely limited. I asked for all shiftwork related enforcement actions, not just those under the working time regulations. I also cited HSE’s enforcement record on all work-related health issues which effectively rules out action on shift-related health issues under other regulations.

This is a serious matter and I’d have expected better of you.

Best wishes, Rory

HSE STATEMENT, 8 June 2009

Response to report on shift workers

In response to the recently published report by Professor Watterson, Stirling University, on shift workers

John Osman, HSE’s Chief Medical Advisor said:

“HSE does carry out preventative inspections out-of-hours where appropriate and necessary, however, inspections are just one in a range of tools we use to regulate and influence employers. An important element of HSE's normal inspections is an examination of provision for ensuring the health and safety of those working outside 'office' hours. This examination includes a physical inspection of the control measures and consultation with employees and trade unions or safety representatives.

"Any concerns raised with HSE about shift or out-of-hours working are treated seriously and investigated - this may include an out-of-hours inspection. If HSE took any enforcement action it would not necessarily show as a Working Time Regulation matter and could fall under the health and safety at work act.”

Further information

For serious incidents HSE has a 24/7 response incidents via the HSE Duty officer who will, where appropriate, refer the incident to a decision maker who will assess the incident and determine HSE’s approach and deployment of resource.

It is a duty holder’s responsibility to ensure the health and safety of their workers under the Health and Safety at Work etc Act 1974, which HSE regulates.

HSE has recently commissioned a major research study (with the University of Oxford) that aims to add further to our understanding of the reported association of shift work with breast cancer, other cancers and other major diseases. A further aim of the research is to see if any particular aspects of shift work give rise to any risk that might exist. The study, commissioned in 2007, runs from December 2008 to December 2011.

http://www.hse.gov.uk/news/2009/shiftwork.htm?ebul=hsegen/08-jun-2009&cr=7

HSE RESPONSES TO HAZARDS PRESS ENQUIRIES

From: Rory O'Neill [mailto:editor@hazards.org]
Sent: 13 May 2009 10:26
To: Elaine Harbour
Cc: Laurence Monaghan
Subject: RE: PRESS ENQUIRY: HSE inspections outside of normal hours - response deadline am 13 May

Thanks Elaine.... just to be sure, HSE has no idea if any of its workers are rostered routinely to work outside of normal office hours?

Or should I take it that HSE does not under normal circumstances roster any workers to work outside of normal office hours, with the proviso that in the special circumstances mentioned “day” workers will undertake investigations of deaths, major incidents etc outside of normal office hours?

I’m not being awkward here, I just want to make sure I’ve got the facts right. Thanks, Rory

From: Elaine.Harbour@hse.gsi.gov.uk [mailto:Elaine.Harbour@hse.gsi.gov.uk]
Sent: 13 May 2009 11:31
To: editor@hazards.org
Cc: Laurence.Monaghan@hse.gsi.gov.uk
Subject: RE: PRESS ENQUIRY: HSE inspections outside of normal hours - response deadline am 13 May

Rory

It is the latter - we don't under normal circumstances roster anyone to work outside normal office hours (other then HSE Duty Officers and Press Officers who are on call). If anything happens out of hours the relevant Inspector(s) will undertake investigations etc. as appropriate.

Out of hours it is the HSE Duty Officer who is the first point of contact and they will take the decision on whether it is necessary to contact anyone else in HSE.

Hope this helps

Elaine

Elaine Harbour
Head of Parliamentary & Secretariat Unit

Health & Safety Executive
( 0151 951 4328 | VPN: 523 4328

From: Elaine.Harbour@hse.gsi.gov.uk [mailto:Elaine.Harbour@hse.gsi.gov.uk]
Sent: 25 March 2009 18:07
To: editor@hazards.org
Subject: RE: Press enquiry: BBC NEWS | Scotland | Health concerns over night-shift - deadline 25 March

Rory

I am attaching the HSE response to your questions

Elaine

Elaine Harbour
Head of Parliamentary & Secretariat Unit

Health & Safety Executive

HSE shiftwork related enforcement activity for each of the last five years citing the cited regulation and broken down by:[my emphasis]

* numbers of voluntary cessations of work,

* improvement notices,

* prohibition notices,

* prosecutions

* convictions and

* any other related activity HSE believes relevant.

The Working Time Regulations 1998 (as amended) lay down the minimum legal requirements on how to organise working time. However, when employers organise and plan shift work, they must also comply with employers’ general duties under the Health and Safety at Work etc Act 1974 (the HSW Act) and the Management of Health and Safety at Work Regulations 1999 (MHSWR).

HSE enforces the rights of the Working Time Directive (such as those relating to hours worked) but not the entitlements (such as rest periods or annual leave). This work is primarily driven by complaints made by employees against their employers. Since 2001, we have issued 38 improvement notices [1]^[1](principally in relation to failure to provide free medical assessments or in relation to record keeping).

Work year	Numbers served
2001/2002	20
2002/2003	11
2003/2004	2
2004/2005	2
2006/2007	1
2007/2008	2

Since 2001, HSE has taken two successful prosecutions in relation to breaches of The Working Time Regulations 1998. Both were take following investigation into work-related fatalities.

3. Quote from Dr John Osman, Chief Medical Adviser of HSE

“HSE recognises the important implications of the relationship between shift work and ill-health, including fatigue, and the more recently reported association with breast cancer and possibly other forms of cancer. It has been alert to the cancer issue since it first emerged and has a programme of research addressing it. It is also monitoring the literature for any new information and working with the International Agency for Cancer in further work to improve the evidence base on which to make any necessary decisions on prevention. At present HSE does not think the evidence on a cancer risk is compelling enough to require more of employers than is already required of them in respect of protecting the health of employees who do shift work.”

Ends

[1] 35 notices of these are published on HSE’s Notice databases on our website (the Public register of enforcement notices - up to 5 years old, and Public register of notice history - over 5 years old). The Notices History Database only contains notices that are over five years old and were issued to companies; HSE does not publish notices served against individuals in this archive.