Construction Companies (Fatal Accidents)

Stephen Hepburn 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.

[Steven Paterson (Stirling) (SNP)]

Is the hon. Gentleman aware of the article in the Sunday Herald from 6 March 2016, entitled “Huge drop in construction safety inspections triggers fears for workers”? An academic from Stirling University in my constituency, Professor Andrew Watterson, who is part of the occupation and environmental health research group at the university, said:

“Westminster has savagely cut the budgets of the enforcement agency, the HSE, over many years…HSE increasingly looks and sounds like a toothless tiger—a lot of noise and increasingly little action.”

Does the hon. Gentleman recognise that description?

[Mr Hepburn]

I do recognise that description. It is the work of academics and trade unions that has brought about tonight’s debate. They are bringing these shortcomings to our notice.

There can be few worse experiences for a family than to lose a father, husband or son who has gone to work normally, like we all do, but, unlike the rest of us, has never come home. Even if a prosecution is mounted by the HSE, the agony of the bereaved family does not stop there. The delays between construction accidents occurring, then prosecution and conviction are excruciating. The problem is getting worse, not better. Families are being forced to put their lives on hold for years and years, with no hope of closure until they see those responsible for the death of their loved one brought to justice. Justice delayed is nearly as great a failure as justice denied.

In 2005, the average time between the death of a worker and a prosecution, was over two years. Ten years later, it has increased to two-and-a-half years. I must stress that these are averages, so the worst cases are a lot worse. The HSE has admitted that in 15% of cases prosecution does not even begin for three to four years. Beginning the prosecution, however, is just the beginning of the judicial process. There are many further stages that need to be completed before a conviction is achieved. In 2006-07, the average delay between a fatal accident and a conviction was 985 days. That was bad enough, but the latest figures are so much worse. In 2014-15, the average time between a fatal accident and a conviction in construction was now 1,267 days—or three-and-a-half years. I need to stress again that that figure is just an average. Delays in justice can be a lot longer.

Last week, Falcon Crane Hire was fined £750,000 following the collapse of one of its cranes in Battersea, which lead to the deaths of Jonathon Cloke, the crane driver, and Michael Alexa, a member of the public. That accident occurred in September 2006. It took nine-and-a-half years for justice to be done—nine-and-a-half years for the families of the victims of that accident to witness justice. I am sure the House agrees that nine-and-a-half years is far too long.

The Battersea crane accident might be the case with the longest delay, but it is not unique. I can give other examples. There are other ongoing cases where delays are highly significant. In January 2011, in the worst single accident for many years, Daniel Hazelton, Tom Hazelton, Adam Taylor and Peter Johnson were killed in a construction accident in Great Yarmouth. In February this year, over five years after the deaths of these workers, the case was finally referred to the magistrates courts. The eventual conviction of those concerned is still to come.

Given these agonisingly long delays, attention needs to turn to what the HSE’s response has been to the concerns that I and the Union of Construction, Allied Trades and Technicians, of which I am a proud member, have raised—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. If there is a case before the courts, we should not comment on it. We really ought to be aware that we do not want to put the House in the position of seeming to prejudge an individual case.

[Mr Hepburn]

Thank you for that advice, Mr Deputy Speaker.

UCATT and I have raised concerns about the delays in prosecutions and convictions. In response, the HSE says that the delays are due to other bodies and agencies, such as the police, the coroners courts and even the justice system itself, especially if the matter is referred to the Crown Court. In other words, the HSE is saying it is not its fault.

Well, this House and the families of the victims of construction workers deserve to know exactly who is to blame. The one group certainly not to blame is the victims and their families who are being treated in such an abominable manner. It is time for the HSE to stop passing the buck and blaming others. These are straightforward cases where a worker has died. They are not major inquiries into a war, or how the Government covered up their failures following Hillsborough. They should not take this long. These cases are straightforward. If these problems are to be laid at the door of the HSE, we need to know whether they are a result of the 35% real-terms grant cuts the organisation has suffered over the last five years, as was mentioned earlier.

At the start of my contribution, I said how important it was that the HSE had a high profile in order to discourage the breaking of safety laws in construction. There is another area where its performance has been found wanting. A freedom of information request by UCATT has revealed that since 2012-13, as the hon. Member for Strangford (Jim Shannon) mentioned, the number of unannounced inspections made in the construction industry in the UK has declined by 8.7%. This decline occurred at a time when the industry was expanding and the number of sites in operation was increasing, following years of decline owing to the recession and Government cuts.

Within that overall decline were some truly shocking figures: the number of inspections in Scotland has dropped by 55%; in my region of the north-east, the number is down by 28.5%; in the north-west, the figures have declined by nearly a third; and in the south-east, where construction is booming, the number is down by 19%.

[Steven Paterson]

There are numbers that make this even clearer. The hon. Gentleman referred to the 55.7% drop. Some years ago, there were 1,248 inspections, but that has dropped to 552. It just shows how big a swing there has been.

[Mr Hepburn]

I thank the hon. Gentleman for making the statistics more graphic and showing how disgraceful they are.

These inspections are vital. They are the deterrent that keeps the industry honest and observant of safety laws. If companies think they will not be inspected and that there will never be a surprise knock at the door, the HSE loses all its authority in pressurising companies not to break safety laws. Laws will be flouted, workers will be put in danger and tragedies will occur. The House needs to know why the number of inspections is declining in an industry that is growing. Is it due to the cuts to the HSE’s budget, which must be affecting front-line services, is it because of the Government’s pressure to cut so-called red tape, or is it because the leadership of the HSE does not believe that such inspections are necessary?

I hope that my contribution today underlines just how vital it is that the HSE is given the resources, powers and confidence to do its job effectively. That means making sure that workplaces are safe for workers; that if laws are broken, action is taken quickly to resolve problems; that if a workplace tragedy should occur and if there is guilt, those responsible are punished and their penalties properly publicised; and that the quest for justice does not drag on indefinitely. Only by achieving these aims can the HSE properly play its role in keeping workers safe. I hope the Minister will agree and confirm that action will be taken to ensure that the problems I and others have addressed this evening are resolved.