Health and Safety Regulations: Cranes

Mims Davies Excerpts

Monday 22nd March 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies)]

I thank the hon. Member for Poplar and Limehouse (Apsana Begum) for securing this debate on such an important issue. Before I respond, I must pause to pay tribute to her constituent June Harvey, who tragically died in the incident involving a tower crane in the hon. Member’s constituency in July last year. Her family and friends have my heartfelt condolences.

I have been informed that the investigation into the tragedy is ongoing. The Metropolitan police is leading on this, with the support of the Health and Safety Executive, in line with the work-related death protocol. That agreement sets out how the police and regulators will work together in such sad circumstances. Both will continue in their efforts to bring the investigation to a conclusion as quickly as possible. As the investigation is sub judice, it would not be appropriate for me to comment further, other than to say that it can be very challenging for all concerned to wait for the conclusion of a complex investigation process, especially when it concerns the loss of a loved one. The hon. Member has rightly taken the opportunity to raise in the Chamber the wider issue of tower crane safety, and while I am unable to discuss the incident that has prompted the debate, I will endeavour to respond to the wider points raised.

Tower cranes are complex structures found across the country. At any given time, there are 800 to 1,000 estimated to be in operation. People need to feel that there is an effective legislative framework in place to ensure the suitable and safe operation of tower cranes. The statutory framework regulated by HSE for tower cranes consists of several pieces of health and safety legislation. The Lifting Operations and Lifting Equipment Regulations 1998, known as LOLER, contain most of the measures in place to ensure tower crane safety. That includes ensuring that careful consideration is given to where cranes are sited, that all lifting equipment is periodically thoroughly examined and that lifting operations are properly planned according to a written safe system of work.

Thorough examination of cranes under LOLER should take place each time a crane is installed and before it is put into service, and inspection should take place at least once every 12 months while it is in service and after exceptional circumstances have occurred—for example, if the crane has struck another structure. Examiners must be competent and have sufficient authority and independence to ensure that any examination recommendations are fully and properly acted upon. That can be achieved through membership of the Safety Assessment Federation or appropriate approved accreditation. There is a statutory duty for examiners to report serious defects identified during any examination to HSE.

Also of relevance are the Provision and Use of Work Equipment Regulations 1998, or PUWER, which require tower cranes to be properly maintained, suitable for the work and conditions and only operated by properly trained people. Cranes should have a comprehensive maintenance record kept, and information on safety should be available to all crane users.

[Apsana Begum]

On that point, after the Battersea incident, a group of campaigners gave evidence to various Committees of the House, which resulted in a crane register being developed. The register was scrapped after 2010. Does the Minister have any views on whether that should be brought back? In my view, it should.

[Mims Davies]

I thank the hon. Lady for raising the existence of the former tower crane register. The tower crane register was a short-lived statutory scheme requiring duty holders to send the HSE information about any tower cranes they were erecting. It was intended to provide reassurance to the public. There was, however, no demonstrable improvement to tower crane safety, and the regulations and register were revoked in 2015 as a result, but I do take her point.[Official Report, 13 April 2021, Vol. 692, c. 2MC.]

Other pieces of legislation relating to the working of tower cranes, including working at height, do require work to be properly risk-assessed. Cranes supplied for use should meet essential health and safety regulations. Construction work that requires the use of a tower crane should have a suitable safety management system in place. Under section 3 of the Health and Safety at Work etc. Act 1974, all duty holders need to reduce the risk to people not employed by them—for example, members of the public—that arise from the use of tower cranes, so far as is reasonably practicable.

To summarise, over time this comprehensive legal framework has been developed so that it suitably covers all aspects of tower crane operation in the work context. The information and clarity on how duty holders must comply with the legislation is also set out in a range of freely available publications by both the HSE and the industry.

[Apsana Begum]

I do not want to pre-empt anything that the Minister is going to say, but the HSE is clearly underfunded and it is not able to undertake inspections proactively, as it should. The UK record’s is quite bad when it comes to having enough inspections. Does she agree that the HSE needs to be funded properly so that it can be proactive, as opposed to reactive, in dealing with such matters?

[Mims Davies]

This Government have taken steps—particularly in relation to covid—to ensure that the HSE has been able to secure the extra funding that it has needed. For example, it has been able to assist further in response to the covid-19 pandemic, with an extra £14 million from the Government this year. The HSE remains a widely respected regulator because it delivers high-quality regulatory outcomes in workplace health and safety. I understand the hon. Lady raising this point, but I reassure her in that regard.

Duty holders must comply with the legislation set out in the range of publications by the HSE and industry. The HSE publishes the approved codes of practice for LOLER and PUWER on its website. That website provides a wide range of explanatory guidance for businesses and workers, and has had more than 10 million views. It also provides explanatory guidance on the safety of tower cranes, including full information about planning, safe systems of work, supervision and thorough examination. The HSE supports industry bodies, particularly the Tower Crane Interest Group, TCIG, which has also published extensive guidance and technical notes on its website. HSE works with the British Standards Institution on the production of tower crane safety standards, particularly on BS 7121, which is a suite of guidance on lifting operations.

As I have mentioned before, at any given time there are over 800 tower cranes in use across Great Britain. Since 2011, there have been 91 reported separate incidents involving tower cranes recorded by the HSE, including 11 tower crane collapses. Tragically, six people have lost their lives during these incidents, including, sadly, in the case that has given rise to tonight’s debate. The HSE, as the regulator of tower crane safety, investigates all reported incidents involving a tower crane collapse on construction sites. These are rightfully treated as very serious, though they are infrequent incidents.

Investigations and research conducted by the HSE and industry have shown that several causal factors can contribute to failures and dangerous occurrences relating to tower cranes, including adverse weather conditions; human or operator error, both in the erection and operation of the crane; poor communication of instructions; and failure to have in place effective maintenance and examination arrangements. When the cause of a tower crane collapse involves a serious breach of law, the HSE takes appropriate enforcement action. Since 2011, the HSE has served eight enforcement notices and taken eight prosecutions in relation to tower crane incidents. It works with trade associations, standards bodies and industry groups post incidents to share any lessons learned to assist in improving crane safety in the future.

In conclusion, tower cranes are covered by a comprehensive legislative framework. The HSE uses the powers that it has been given to regulate tower crane safety effectively, including by taking strong enforcement action. It also works with industry to continually improve tower crane safety standards. Although infrequent, incidents with tower cranes are carefully investigated because of their high consequences, to ensure that any lessons learned can be captured and, of course, that appropriate enforcement action is taken.

Once again, I am very grateful to the hon. Lady for bringing this debate to the House, and for her thoughtful and passionate contribution in the Chamber this evening. It would not be appropriate for me to comment on the ongoing investigation into the tragic death of June Harvey, as it is sub judice. As the investigation is being led by the Metropolitan police, I think it would be more appropriate for me to ask the Minister for Crime and Policing to provide the hon. Lady with an update on the progress of the investigation.

On the points raised in relation to the HSE’s work on the regulation of cranes, and any areas that I have not been able to address, I will ask the HSE to respond to the hon. Lady where appropriate. The tragic incident prompting tonight’s debate has highlighted to us all the importance of tower crane safety. I can assure the hon. Lady that the Government continue to support the regulatory regime for tower cranes, as well as the work of HSE and industry in ensuring their safe use.

Question put and agreed to.