Health and Safety Executive

Maria Miller Excerpts

Wednesday 20th June 2012 Westminster Hall

[The Parliamentary Under-Secretary of State for Work and Pensions (Maria Miller)]

It is a pleasure to serve under your chairmanship, Mrs Brooke, for what I think is the first time. I thank the hon. Member for Sheffield, Heeley (Meg Munn) for introducing such a thoughtful debate today and commend her on her incredible work on road safety, which is something that I, too, have a passion about, so I hope that we can work on it together. I particularly commend her on her work on raising awareness of obstructive sleep apnoea, the effects that it can have on drivers and the tragic impact of accidents that result from tiredness. I have listened carefully to the points that she has made. We all know that any loss of life in a road accident is a tragedy, and the Government are committed to making transport safer.

There were 1,850 deaths on the roads in 2010, and 22,660 people were seriously injured. Although that is the lowest number of deaths since records began, each death or injury on the road, or at work, is a waste of human life and many of them are preventable. The hon. Lady is right to say that some 25% to 30% of road fatalities in 2010 were in accidents that involved someone at work.

Many medical conditions can already lead to the suspension of a driving licence, including obstructive sleep apnoea and changes in eyesight. Such suspensions are revoked only when it can be demonstrated that the treatment of the condition makes it safe to do so. Failure to report a medical condition to the Driver and Vehicle Licensing Agency is a criminal offence, and other restrictions include limitations on the hours that a heavy goods vehicle driver is allowed to work and the regime for monitoring tachographs to ensure compliance. Such measures have contributed to the reductions in deaths and injuries on the roads.

The Health and Safety at Work, etc. Act 1974 is key, as it places duties on both the employer and the employee to ensure that members of the public are not exposed to risks that can cause death or injury as a result of work. As the hon. Lady rightly says, health and safety at work are important, and the Health and Safety Executive has an extremely wide remit, with the potential for involvement in a broad range of issues; it is absolutely sensible, therefore, to draw up some pragmatic boundaries for its operations.

The HSE takes action when workers or members of the public are put at risk, except when more specific regulations already exist. For example, it would not normally act in cases of clinical or medical negligence, or aircraft incidents, for which there are other more directly relevant regulators or legislation. The situation is the same on the roads, where the Road Traffic Act 1991 applies and the police have primacy.

--- Later in debate ---

On resuming—

[Maria Miller]

To take up where I left off, alongside the police, a number of agencies also have an interest, including the Vehicle and Operator Services Agency—VOSA—and the DVLA, each of which has a clearly defined role.

The DVLA rightly takes the lead on medical fitness. It issues driving licences based on assurances from drivers that they are fit to drive. People with vision problems or any other medical condition therefore need to consider whether changes to their condition impact on their ability to drive, and they must report any such changes to the DVLA. Indeed, as I am sure the hon. Member for Sheffield, Heeley knows, one of those notifiable conditions is OSA. For drivers of heavy goods vehicles and passenger service vehicles, the law is more stringent. They must cease driving on diagnosis, and they cannot resume driving until the DVLA has received confirmation from a specialist that their condition is controlled.

As hon. Members would expect, the Government want to look at how we can prevent accidents. We always need to do more to prevent them and to ensure that employers and employees take their responsibilities seriously. The HSE, with the Department for Transport, produces guidance to help companies whose staff drive to work. That guidance, “Driving at Work: Managing work-related road safety”, spells out the need for employers to be satisfied that their drivers are fit and healthy, so that they drive safely and do not put others at risk.

The HSE also established the road distribution action group, which was a partnership between employers’ groups, trade unions and regulators, whose aim was to improve health and safety at work and to reduce accidents and ill health in the road haulage and distribution industry. The group produced guidance for the distribution industry on managing driver fatigue.

The Freight Transport Association also produces a monthly update on health and safety issues, which regularly includes information on driver fatigue, and the Driving for Better Business website provides advice on road safety issues.

Most cases of OSA go undiagnosed, so we need to consider that one of the most effective and realistic ways to reduce road accidents that result from the condition is to encourage all drivers not to drive when tired. I am sure that the same signs, electronic or otherwise, are put up on the motorways in the hon. Lady’s area as in mine. The Department for Transport issues such advice through its “Think!” campaign on fatigue, which was given a national award by Brake, the road safety charity. I am sure that many hon. Members will have seen the campaign on motorways such as the M3, which goes through my constituency.

[Meg Munn]

I of course welcome anything that draws people’s attention to the issue, but the problem with obstructive sleep apnoea is that people who have it feel tired all the time and often do not know the reason why. They do not therefore think that that message is as applicable to them as it is to someone who has had a long day or who was up late the previous night. It is an important message, but it is not sufficient.

[Maria Miller]

I understand the hon. Lady’s point. That is why there is a clear responsibility on employers and employees to think more generally about their health. That is as it should be, because we have to remember that drivers can experience a broad range of health conditions that could affect their capabilities. They might, for example, suffer from diabetes, heart conditions or migraines, to name but a few. Drivers and employers need to think broadly about health issues, including sleep apnoea, on a continuing basis. An individual process for each condition might not be manageable, but we have to make sure that employers and employees think about health issues. It is also important that they keep track of innovations in relation to our understanding of different conditions and how they can affect people, particularly in the workplace.

Given the broad range of health issues involved, it is difficult to set out a definite requirement for each one. We have to remember personal responsibility and the fact that the legal and moral obligation of all drivers to drive safely and to report any health condition to their employer exists in law. OSA is treatable when identified, and we need to ensure—the hon. Lady is doing an extremely good job on this—that employers are aware of the condition and that they have processes in place to monitor all sorts of health conditions, including OSA, in employees who drive as part of their work.

By calling for this debate, the hon. Lady has shown what Members of Parliament can do to highlight and underline such issues and to ensure that not only Ministers, but other organisations and employers keep abreast of what they should take into consideration with regard to the health of employees. I will use this debate as an opportunity to discuss the issue with the Minister of State, Department for Work and Pensions, my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), who sends his apologies for not being able to attend, because he is on Government business in Europe.

I will also bring the hon. Lady’s good work to the attention of the FTA, the DFT and the road distribution action group. I want to ensure that important groups take on board the importance of monitoring the scale of road accidents at work and to press home the importance of continuing to work to make our roads as safe as possible.