Making Companies Safe - what works? (CCA ... - Unite the Union

There is clearly an urgent need for further action – to address our growing occupational health
problems and to address current levels of preventable work-related death and injury. However,
this action needs to be based on solid evidence, not on ideological assertion.
What this Report is not about
The aim of this report is to review the empirical research relating to a range of regulatory
options, to consider whether HSC/E’s new approach is consistent with this evidence, and
finally in light of this evidence to consider how effective HSC/E’s new approach is likely to be
in protecting the health, safety and welfare of those who depend on them.
It is important to note what this report is not about. First, it only focuses on research relating
to ‘improving safety’, it does not consider other advantages of particular approaches. So, for
example, in considering the effectiveness of prosecutions, the report looks at how they impact
upon the future conduct of the company prosecuted and on other companies. The report
does not look at other potential advantages of a prosecution strategy – for example ones
of ‘accountability’ and perceptions of ‘moral justice’. These, of course, do need to be
taken into account when considering an appropriate compliance strategy, but they are not
considered here.
In addition, the focus of the report is on the impact of regulation. It does not consider,
therefore, other important ways in which improvements in the work environment can be
secured, such as the widespread provision of occupational health services.
Finally, this report does not deal with the extensive academic literature on ‘responsive
regulation’, or speculate what the best ‘mix’ of regulatory strategies and styles might be in a
range of enforcement situations
The Structure of the Report
The report is divided into four parts:
Part one of the report concerns the effectiveness of ‘legal regulation’ vis-a-vis voluntarism.
Chapter one looks at the international and UK evidence on the extent to which the existence
of law is a factor in motivating companies and those that control them to take positive steps
to improve occupational health and safety (OHS).
Chapters two and three consider how, despite this and other evidence, the HSC in two
important policy spheres – directors duties and worker participation - decided against opting
for a policy of legal regulation.
Chapter Four contains a short conclusion.
Parts two and three of the report looks at the research on the effectiveness of different
strategies intended to ensure that companies and other organisations comply with existing
health and safety law.
Part two considers the effectiveness of ‘formal enforcement mechanisms’ – that is to say
inspections, investigations, the provision of advice, the imposition of enforcement notices
and prosecutions.
Chapter five sets out the evidence, whilst chapter six sets out the implications of this evidence
for the enforcement strategies of the HSE.
Part three considers the effectiveness of strategies that do not require formal enforcement
by the HSE – otherwise known as voluntary compliance strategies.
Chapter seven looks at the effectiveness of education, the provision of information and
campaigns.
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