HSE’s focus on occupational health to continue?
With a new 10-year strategy in the pipeline, will this focus continue and what is this likely to mean for HSE inspection and enforcement activities?
The HSE’s decision to prioritise occupational health in its 2016 “Helping Great Britain work well” strategy has put certain key occupations in HSE’s cross-hairs for inspection and potential enforcement actions. With a new 10-year strategy in the pipeline, will this focus continue and what is this likely to mean for HSE inspection and enforcement activities?
The HSE adopted a new Strategy in 2016, titled “Helping Great Britain work well”. The new strategy set out six strategic themes for the HSE’s work going forward, including tackling workplace ill health.
For HSE this increased focus on workplace ill health has meant prioritising occupational respiratory diseases such as asthma and chronic obstructive pulmonary disease, and occupational cancer for inspection and enforcement. HSE’s Acting Head of Manufacturing and Utilities Unit, Clare Owen, has previously pointed out: “12,000 people died last year from lung diseases estimated to be linked to past exposure from work, with thousands more cases of ill-health and working days lost.”
Target occupations
The HSE has prioritised specific priority agents / occupations in relation to occupational respiratory diseases and cancers and has published lists of these on its website.
In relation to respiratory diseases target occupations are:
- Agricultural workers
- Bakery workers
- Construction workers
- Foundry workers
- Quarry and stone workers
- Vehicle paint sprayers
- Welders
In relation to occupational cancers the target agents / occupations are:
- Asbestos
- Shift work
- Respirable crystalline silica
- Welding
- Painters
- Diesel Engine Exhaust Emissions
- Solar radiation
- Polycyclic Aromatic Hydrocarbons (PAHs, coal tars and pitches)
- Tetrachloroethylene
- Radon
These lists are not exhaustive. HSE’s prioritisation of occupational diseases has included prosecutions in relation to occupations not on this list, including occupational asthma arising from laboratory animal allergy or LAA. LAA is an allergic hypersensitivity response which may develop as a result of exposure to animal allergens. Approximately 20% of people who work with laboratory animals experience some allergic symptoms due to contact with, or inhalation of, animal allergens, and about 10% of all those who work with laboratory animals develop the serious symptoms of asthma.
As niche as LAA may seem, in the last year the HSE has served improvement notices on Cardiff University and Charles River Laboratories Edinburgh Limited in relation to works exposure to animal allergens, demonstrating its determination to deliver on its occupational health objectives across all sectors. In November 2019 the University of Edinburgh was prosecuted and fined £10,000 as we reported at the time.
Consequences of non-compliance
Whether your business is on the list or not, the consequences of non-compliance with health and safety regulations can be serious.
The maximum sentence following either summary conviction or conviction on indictment for health and safety offences is an unlimited fine. Sentencing Council guidelines for fines applicable to breaches of the Health and Safety at Work Act 1974 suggest a starting point of between £10,000 to £4,000,000 for very large organisations, i.e. those with a turnover of £50 million or more, depending on the culpability of the offender, and the seriousness and likelihood of the harm risked through the offence.
While the offence range stated in the guidelines suggests a maximum of £10,000,000, the guidelines further state that where an offending organisation’s turnover or equivalent very greatly exceeds the threshold for large organisations, it may be necessary to move outside the suggested range to achieve a proportionate sentence, implying fines in excess of this.
Future HSE priorities
The HSE is set to develop and publish a new 10-year strategy and revised mission and vision, but COVID has had a significant impact on its activities and progress. HSE’s 2020-21 Annual Report confirms that several milestones relating to occupational health were not delivered, including responding to the Department for Health and Social Care (DHSC) green paper: Advancing our Health Prevention in the 2020s, and targeted inspections on the woodworking and fabricated metal manufacture sectors.
For HSE there is unfinished occupational health business to be carried forward, but the statistics present an equal if not more powerful justification for this remaining a priority throughout the next five-year strategy. Estimates based on self-reports from the Labour Force Survey suggest there were 1.6 million work-related ill health cases (new or long-standing), and 38.8 million working days lost due to work-related ill health and non-fatal workplace injuries in 2019/20.
For the HSE occupational diseases are likely to continue to be a priority for inspection and compliance activities beyond 2021. For all businesses, whether they are on the HSE’s target lists or not, doing the right thing means ensuring they have measures in place to comply with the law and protect workers from lung diseases such as occupational asthma and lung cancer.
If you have any queries in relation to the topics covered in this blog, please contact Browne Jacobson’s Regulatory Team.
Contact

Alistair Taylor
Associate
Alistair.Taylor@brownejacobson.com
+44 (0)330 045 2970
Related expertise
You may be interested in...
Opinion
What’s lurking in your garden? The UK’s most dangerous and invasive plants
Opinion
Landowner fined £15,000 after public attacked by cows
Legal Update
The future of autonomous technology - August 2023
Legal Update
Polluters to face unlimited penalties under new legislation
Legal Update
Browne Jacobson grows Cardiff team with two new appointments
Legal Update
Higher-risk buildings – are you ready for 30 September 2023?
Legal Update
Government to expand network and information systems regulations
Opinion
New provisions for higher-risk residential buildings now in force
Legal Update
UK Government publishes the Online Safety Bill: an overview
Legal Update
Update on the Digital Services Act (“DSA”) – Important Dates and Deadlines Looming
Legal Update - Public matters newsletter
Public matters - January 2023
Press Release
Browne Jacobson advises Natural England on investigation of ‘first in its kind’ sentenced Devon farmer
Legal Update
Biodiversity Net Gain: positive for nature and an opportunity for landowners
Opinion
Logistics firm fined for multiple failings leading to asbestos exposure
Logistics company Eddie Stobart has been fined £133,000, after a series of failures which took place whilst excavation work was carried out, exposing its staff to asbestos.
Published Article
Consumer duty part 2 - 'The drill-down' into the 'cross-cutting' rules
Opinion
Directors fined for unsafe removal of asbestos
Two directors of a construction company were fined after failing to ensure the safe removal of asbestos from a plot of land. On 14 and 15 November 2021, Directors Anthony Sumner and Neil Brown, of Waterbarn Limited were involved in the uncontrolled removal of asbestos material from a plot of land in Grasscroft, Oldham.
Opinion
Don't look down
An engineering company in Tyne and Wear was fined £20,000 after a worker fractured his pelvis and suffered internal injuries after falling through a petrol station forecourt canopy, whilst he was replacing the guttering.
Legal Update
DSA approved: Targeted Advertising Rules explained
Opinion
NHS England – Assuring and supporting complex change
NHS England has issued an updated (publication 11 October 2022) suite of Complex Change guidance about how it will assure and support proposals for complex change that are reportable to it. New and (where it is still in force) existing Complex Change guidance are as follows.
Opinion
HSE inspection of asbestos in schools
The Health and Safety Executive (HSE) have announced they will be carrying out a programme of inspections to primary and secondary school establishments from September 2022. The inspections will assess how schools are managing the risks from asbestos and meeting the Duty to Manage requirements, set out in Regulation 4 of the Control of Asbestos Regulations 2012.
Opinion
“Red tape” reform and no-fault dismissals
The Government has announced a change to the categorisation of “small” businesses to reduce the amount of regulatory compliance (or “red tape”) required. Currently, SMEs (those with fewer than 250 employees) are exempt from certain regulations – such as the obligation to comply with gender pay reporting. With effect from 3 October, these exemptions will be widened to apply to businesses with fewer than 500 employees.
Legal Update
U-turn on DEI regulatory reporting
Legal Update
Avoiding the pitfalls of WhatsApp
The use of social media platforms and applications can have overwhelmingly positive benefits for public bodies. However, regulatory action recently taken by the Information Commissioner, has highlighted various pitfalls that public bodies should seek to avoid if allowing staff to use social media as a communication tool.
Opinion
Is it hot in here, or is it just me?
Whilst the weather conditions are predicted to be cooling down this week, the Health and Safety Executive (HSE) is asking employers and businesses to consider adapting to recurrent warmer weather conditions for the safety and benefit of their staff. It asks employers to ensure that extreme heat becomes a firm part of longer term risk management. Climate change in any event is something all businesses will need to consider as the warmer weather becomes more frequent - extreme heat is something that will impact employers on a day to day basis.
Legal Update - Shared Insights
Shared Insights: The Fitness to Practise Regime
In this session, our speakers discussed the Fitness to Practise Regime and how we can help.
Published Article
RAAC planks and its impact on local authorities
Recent reports of flat roofs constructed using RAAC planks collapsing without warning prompted the SCOSS alert.
Published Article
The Building Safety Act 2022: Navigating building liability orders
Opinion
Compliance - small businesses and new regulation
The Federation of Small Businesses (FSB) has released a report setting out the impact of new and changing regulations arising from the pandemic on small businesses across the UK.
Legal Update
Construction: Gold Standard Framework – seven months on
We have created a summary of the recommendations and consistent themes which we are now starting to see becoming more embedded in public sector procurement practices.
On-Demand
Building Safety Bill – what’s coming and how will it affect you?
In anticipation of the adoption of the Building Safety Bill, our specialist compliance and regulatory team will give an overview of the measures proposed in the Bill.
Legal Update - Shared Insights
Shared Insights: Medical Mediation in Health and Social Care
In this session, our speakers discussed recognising and managing conflict, the benefits of mediation and the practicalities, and the safety and learning perspective.
Opinion
Building Safety Bill receives Royal Assent
The new regime introduced by the Act will take shape over the next 18 months, but those who design, build or manage high rise buildings are being urged to get ready for the changes to be introduced through the act.
Legal Update
Don’t let the lights go out – dealing with an insolvent energy supplier
There are a number of factors which have contributed to the crisis including the huge increase in wholesale natural gas prices, which have risen some 250% since the start of 2021. Since the start of last year, over 30 energy firms have gone bust in the UK alone.
Legal Update
Fraud – why it pays to be vigilant
Financial crime is an increasing threat to all organisations. The modes of facilitating fraud have become easier. Being a victim of fraud as an organisation risks significant financial consequences, but also serious reputational harm and loss of stakeholder confidence.
Opinion
Building Safety Bill amendments
Opinion
Draft Bill published to establish a Register of Overseas Entities
The Government has this week published the Economic Crime (Transparency and Enforcement) Bill as part of its measures to crack down on foreign criminals using property in this country to launder money. The Bill proposes the establishment of a Register of Overseas Entities to be maintained by Companies House.
Opinion
HSE Campaign Targets Construction Industry in Birmingham
The HSE has announced a campaign targeting health and safety in the construction industry in Birmingham. The Campaign is in response to a significant increase in development across the city, partly as a result of preparations for the 2022 Commonwealth Games.
Legal Update
Integrated care systems: accountability for place based health and care
The Government’s White Paper Joining up care for people, places and population is its second within (just) under a year about health and care integration following its first one Integration and Innovation: working together to improve health and social care for all.
On-Demand
COPs 26 and 27: Reflecting Back and Looking Forward – What environmental developments and commitments can we expect in 2022 and beyond?
Watch our webinar on-demand. Issues discussed: summary of the COP26 outputs, predictions for further commitments at COP27, and more.
Legal Update
How will HSE’s focus on occupational health affect UK HE institutions?
What does the HSE's decision to prioritise occupational health inspection & enforcement activities mean for higher education institutions?