Health and Safety Executive

Debate between Gloria De Piero and Meg Munn

Wednesday 20th June 2012 Westminster Hall

[Meg Munn]

Indeed. I have had the pleasure of meeting the hon. Gentleman’s constituent, Mrs Upcraft. Along with members of others families who have been affected by this condition—such as my constituent, Seb Schmoller, his brother-in-law, Nick Tweddell, who is Toby’s father, and the rest of the Tweddell family, as well as Toby’s fiancée, Jenny—she has been involved in this campaign. These people are all determined that other people should not suffer in the way that they have suffered.

The link between untreated obstructive sleep apnoea and road traffic accidents is well established. Someone with that condition experiences repeated episodes of apnoea, whereby breathing is temporarily suspended because of a narrowing or closure of the airway in the upper throat during sleep. It results in episodes of brief awakening to restore normal breathing, of which the person may or may not be aware. The sustained failure to get proper restful sleep night after night means that the affected person is constantly tired and liable to fall asleep during the day.

Obstructive sleep apnoea affects many people, but despite it being a common, identifiable and treatable condition, knowledge of it among primary care practitioners remains poor, which means that the diagnosis rate is very low. It is estimated that 4% of men and 2% of women have the full syndrome—the symptoms of sleepiness I have described—and that up to 80% of cases may be undiagnosed.

The rate of obstructive sleep apnoea among lorry drivers is significantly higher than it is for the general population. There is a high correlation with being overweight, and the sedentary lifestyle of many who drive for a living increases their risk of developing it. According to medical experts, it is likely that between 10% and 20% of lorry drivers are affected by sleep problems. There are 400,000 large goods vehicle drivers in the UK, which means a minimum estimate of 40,000 affected drivers.

The Driver and Vehicle Licensing Agency estimates that 20% of serious road traffic accidents on major roads are caused by sleepy drivers. Clearly, the danger and damage caused by a heavy lorry crashing will be much greater than that caused by a car crashing, making sleep apnoea a significant health and safety at work issue. A 40-tonne lorry travelling at its maximum speed of 58 mph that fails to brake because the driver has fallen asleep, and that hits a queue of stationary vehicles, will crush at least the first car and its occupants. If it collides with the central reservation, it will probably flatten it, before continuing into the opposite carriageway, with all the consequent problems—even disaster—that that will cause. The number of road accidents, with the resulting deaths and serious injuries, can be substantially reduced by increasing the number of drivers who are diagnosed and successfully treated for this condition.

Obstructive sleep apnoea can be relatively easily diagnosed, with most sufferers being easily treated. In just two weeks, the benefits can be felt. Screening drivers within the workplace would be a significant contributor to the health and safety of lorry drivers and other road users. Some companies, such as Allied Bakeries, are taking that approach seriously, promoting awareness of the condition with their drivers and arranging to screen them. Some drivers describe the resulting treatment as life-changing. So far, 3% of approximately 1,000 of Allied Bakeries drivers have been successfully diagnosed with obstructive sleep apnoea and, following treatment, continue to work in the company.

Continuous positive airway pressure—or CPAP—treatment equipment costs less than three new lorry tyres or one tank of diesel fuel. That is a relatively small price, compared with the £1.5 million that the Department for Transport estimates to be the average cost of a fatal lorry collision, excluding the costs of any long-term health care, loss of income and insurance compensation for death and injury.

The British Lung Foundation is leading a major campaign to raise awareness of obstructive sleep apnoea, to improve diagnosis and treatment. It advises companies that employ drivers to encourage their staff to take part in screening programmes, while providing reassurance that people with sleep apnoea can, and do, continue in their jobs, if treated successfully.

Businesses in the UK sometimes complain that there is a complex regulatory environment—I should perhaps say “often complain”—but few argue with the important work that the Health and Safety Executive undertakes.

[Gloria De Piero (Ashfield) (Lab)]

I wanted to come in at this point to congratulate the Health and Safety Executive on its investigation, which this week has led to fines for a manufacturing firm in Derbyshire, where two teenagers from my constituency nearly lost their lives at work.

[Meg Munn]

My hon. Friend makes an important point. That situation will be properly investigated and whatever was wrong put right, which is exactly what the Health and Safety Executive does, and does extraordinarily well. That is something of which we should all be proud.

Many of our major companies take great pride, not just in reducing accidents to a minimum but in seeking to carry out their business without any accidents at all. That is not just good for their employees but saves on business costs, making sense for everyone. Unfortunately, that approach does not extend sufficiently to those who employ drivers for a living. Astonishingly, when I first wrote to the Secretary of State for Work and Pensions about the matter, he replied that obstructive sleep apnoea in lorry drivers was not a health and safety issue. When I wrote again, he replied in more detail:

“medical fitness to drive is a matter on which the DVLA rightly takes the lead...HSE generally maintains that meeting DVLA requirements will satisfy the test of what is reasonable”.

I do not accept that meeting Driver and Vehicle Licensing Agency requirements is enough to meet the Health and Safety Executive’s aim of requiring employers to take steps to reduce risks to as low a level as is reasonably practicable. In addition to the work that the DVLA and the police do on road safety, the Health and Safety Executive has an important role to play in influencing more employers and trade union safety representatives not only to be aware of the dangers of undiagnosed sleep apnoea, but actively to encourage screening.

I suspect that the Minister will tell me that the police, the DVLA, the Department for Transport and the Vehicle and Operator Services Agency adequately ensure enforcement of the legislation, but I do not accept that. Given the cost of driving accidents, in lives and money, I ask the Minister to take this matter to her Department and look at it again.

Currently, employers have the legal responsibility, and I will continue—with, I am sure, Members such as the hon. Member for Orpington (Joseph Johnson)—to press more companies voluntarily to adopt the approach of Allied Bakeries, but the Government can make a positive change and ensure that the Health and Safety Executive’s expertise is brought to bear.