Construction Companies (Fatal Accidents)

Jim Shannon Excerpts

Wednesday 23rd March 2016 Commons Chamber

[Mr Stephen Hepburn (Jarrow) (Lab)]

I am pleased to have secured this debate on an important subject that is all too often ignored. Construction is the most dangerous industry in the UK. Indeed, the recent unplanned collapse and tragedy at Didcot power station highlighted the dangers faced by construction workers on a daily basis. Last year, 35 workers were killed. That is more than in any other industrial sector, but amazingly it was a record low for the construction industry. In recent years, there have been an average of 50 deaths a year in the construction industry—almost one a week. It is our duty to ensure that that level of loss of life does not continue.

To achieve that, we need a Health and Safety Executive that is effective and dedicated to protecting workers, but, sadly, the information that I have uncovered reveals that in the construction industry that is not occurring. Construction is an industry with inherent dangers, but it does not necessarily have to be inherently dangerous. Deaths and accidents largely occur because safety laws are deliberately ignored or flouted. Far too many companies involved in the construction industry are willing to break or bend safety rules to boost profits. In an industry where site organisation is low and there are not enough safety reps—partially as a result of the blacklisting scandal—it is imperative not only that the HSE does an effective job, but that it is seen to be doing its job effectively. Following a construction death, if a company or individual is at fault they must be prosecuted. The HSE’s own research found that in 70% of construction deaths, management failure caused or contributed to a worker losing their life.

[Jim Shannon (Strangford) (DUP)]

In Northern Ireland we take a proactive approach to this issue, and the Health and Safety Executive for Northern Ireland carries out surprise visits to construction sites to ensure that complacency does not occur. Does the hon. Gentleman agree that if we want to sharpen the construction industry up a bit and make it more effective and accountable, that is a way of doing it?

[Mr Hepburn]

That is also the policy on the mainland, but, as I will reveal, sadly it is not as effective as it used to be.

In 2007-08 the HSE was successful in prosecuting 51% of construction fatal accidents. By 2012-13 that figure had dropped to a mere—and disgraceful—35%. No blame should be placed on the legal system for failing to convict killer bosses. The HSE is successful in achieving a guilty verdict in more than 90% of all prosecution cases—an impressive figure. Put simply, if the HSE is failing to prosecute following construction deaths, and if there are not enough high-profile stories about the fines and penalties imposed on companies that cut corners to boost profits at the expense of a worker’s life, an ever greater number of companies will flout safety laws, safe in the knowledge that if a tragedy should occur they are unlikely to be punished. That is certainly not the end of my concerns about the HSE’s performance.

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[The Parliamentary Under-Secretary of State for Disabled People (Justin Tomlinson)]

It is a pleasure to respond to this debate. I congratulate the hon. Member for Jarrow (Mr Hepburn) on securing it and welcome the opportunity to respond to his concerns. I know he is very active in this area, having received several parliamentary questions on it in recent weeks, and that his interest is long standing.

The hon. Gentleman made a powerful speech. He rightly wishes to hold to account duty holders who fail to manage serious risks to their workers in the construction industry—failures that can give rise to indescribable suffering for loved ones. That is a desire we all share on both sides of the House. My thoughts go out to all the families of those tragically killed when working in the construction industry, particularly those recently affected by the catastrophic building collapse at the Didcot power station.

The House will be interested to hear that recovery operations on the debris pile of the collapsed structure at Didcot resumed at the weekend, with the aim of recovering the missing men as quickly as possible while ensuring that no harm comes to the recovery workers. HSE’s main role at Didcot is to investigate jointly with Thames Valley police the circumstances of the incident to find out what went so tragically wrong with the demolition process.

I tribute to the hon. Members for Rotherham (Sarah Champion) and for Swansea West (Geraint Davies) and my hon. Friend the Member for Wantage (Mr Vaizey), who have been very active throughout recent weeks making representations on behalf of their constituents. I formally put on record my thanks to all the professionals who have been working tirelessly to try to resolve this as quickly as possible, particularly for the families still waiting for conclusions about their loved ones.

The investigation of workplace fatalities is HSE’s top operational priority. Fatal incidents are investigated by HSE to determine the underlying causes; to learn lessons and prevent recurrence; to establish whether there have been breaches of health and safety law; and, if so, to hold those responsible to account though the criminal courts. HSE’s enforcement policy statement makes it clear that where a failure to comply with the law has caused death, the expectation is that a prosecution will result.

It is clearly in everyone’s interests—especially those of the bereaved—that fatal incident investigations and decisions about any prosecution proceed as quickly as possible; the hon. Member for Jarrow made that point very powerfully in his speech. However, some investigations can be complex, involving painstaking forensic analysis, interviewing large numbers of witnesses and examining the roles and interactions between a number of parties, including workers, contractors, suppliers, architects, designers and clients, some of whom may be based overseas.

[Jim Shannon]

We had an event in the last Parliament that HSE and the industry attended. An issue about equipment being up to the British standard was brought to our attention. Are checks regularly performed on safety equipment such as helmets to ensure it matches the British standard, as we believe it should?

[Justin Tomlinson]

I shall come on to the point about proactive inspections, which the hon. Gentleman raised in an earlier intervention. I shall cover this issue. Checking against standards is an important point to highlight.

Several factors can affect the pace at which fatal accidents are investigated before any prosecution can be brought to court. The police normally assume primacy for the investigation to identify whether serious offences, such as corporate manslaughter, are involved. This can take many months, or in some cases years, during which HSE is unable to initiate proceedings. The police and Crown Prosecution Service might be in charge of the case right through to any court cases.

In the majority of cases, once HSE has primacy, a prosecution cannot start until after the coroner’s inquest. This does not always happen quickly and sometimes further evidence emerges at an inquest and HSE has to make further inquiries. Once a defendant has been charged, it can take several months before the case comes to trial, especially if it is defended in the Crown court.

The hon. Member for Jarrow has publicly raised concerns that, on average, it takes nearly three and a half years from the death of a worker to the point at which those responsible are convicted. I questioned that when I became the Minister and had my first briefings. We all agree that we want this period to be as short as possible, and HSE works closely with its partner agencies, the Courts Service and its counterparts in Scotland, to minimise any delays.

HSE has a performance standard for completing investigations of fatal incidents within 12 months of receiving primacy. Currently, more than 80% of prosecution decisions for construction incidents meet this standard, and most take considerably less time. Indeed, half of HSE’s decisions to prosecute are made within two years of the date of a fatal construction incident, which includes any time during which the police had primacy and a coroner’s inquest decision was awaited.

HSE has signed the work-related deaths protocol with fellow regulators to ensure that investigations are completed and that any decision to prosecute is made as quickly as possible, taking into account the nature of the case. There is now a new practical guide for investigators, which should ensure that all parties work effectively together and that any prosecution is brought as soon as possible. Other than in exceptional circumstances, it should be no later than three years after the date of the death. To be very clear, HSE recognises the need to maintain pace in all these investigations.

I appreciate how the hon. Member for Jarrow has raised through parliamentary questions the important issues in this area. We need to make it clear, however, that there has been no fall in HSE conviction rates in recent years; conviction rates for those prosecuted for breaking health and safety laws in construction have actually risen in recent years from 92% to 94%. The number of HSE prosecutions being approved following fatal construction accidents is not falling over time and there has been no increase in the time taken to make a decision on prosecution. The average number of days between fatal incidents and prosecution approval over the last five years has reached a relatively settled position. Average figures can be heavily influenced by the fact that a small number of complex investigations take several years to conclude, but the HSE expects the average time for inspection between its taking primacy and a prosecution decision to continue to fall in future years.

In connection with the debate, I have asked the HSE to look again at the way in which such figures are presented, and to consider whether it would be possible to produce median figures so that we could see how long a typical investigation would take. However, we must remember that we would do a real disservice to those who have lost loved ones if we introduced an artificial pressure to speed up investigations at the cost of quality, increasing the risk of prosecution failure through inadequate evidence collection and failing to learn lessons.

The HSE fully recognises the important role that investigation, inspection and enforcement play in securing improvements. However, sustained improvement requires an integrated strategic approach. That includes ensuring that the legal framework and guidance are flexible and easier for small businesses to understand. I have received positive feedback on that, suggesting that there is much more engagement on their part. It also includes encouraging all players in the industry to play their part, working with industry and others to develop practical solutions, and encouraging industry supply chains to provide help and support for small businesses. That approach has contributed to a very significant reduction in the number of fatal construction incidents over the last 15 years, which is currently less than a third of the rate in 2000-01. I am sure we all welcome the fact that the number of fatal injuries fell from 5.9 per 100,000 workers in 2000-01 to 1.62 per 100,000 in 2014-15.

The hon. Member for Strangford (Jim Shannon) pointed out that the Health and Safety Executive for Northern Ireland makes surprise visits. That happens here as well, and rightly so, because it is vital to keep people on their toes.

Members have given various figures for the number of inspectors in the HSE’s construction division, so let me give the House the actual figures. In 2011-12, there were 196. In 2012-13, there were 193. In 2013-14, there were 184. In 2014-15, there were 180. In 2015-16, there were 187, and the HSE is in the process of recruiting more. The position is clearly relatively settled, and numbers are currently growing.

Construction work is, all too often, an unnecessarily high-risk activity. We know that the risks can be properly managed—I do not need to remind the House of the exemplary record that was achieved during the construction of the 2012 Olympic Park—but some duty holders still fail miserably. The HSE will continue to prioritise its investigation work in order to hold the right people to account for those who are harmed by construction work, and to do so as quickly as possible.

If the hon. Member for Jarrow wishes to know more about the HSE’s work, I—or HSE officials—would be happy to meet him to discuss the matter further with him, along with representatives of the Union of Construction, Allied Trades and Technicians. I thank him for raising this important issue this evening.

Question put and agreed to.