Companies face spy tactics for consistent flouting of safety law

Exclusive by Ross Pearman

Safety flouting construction companies could come under 'Big Brother' scrutiny later this year if new powers are given to government departments.

The Regulation of Investigatory Powers Act (RIPA) is currently being amended in Whitehall to give the likes of the Health & Safety Executive (HSE) and the Environment Agency the power to demand communication records such as telephone calls, internet use and e-mails from clients and contractors.

If a company is given a warning by the HSE over safety practices, and is still thought to be flouting its commitments, a request for the data could be made which would later be used as evidence during a prosecution. Currently only the police and the Inland Revenue are privy to such powers.

However, Owen Tudor, the Trades Union Congress' senior policy officer, said the move was a threat to civil liberties.

"A lot of people send information and comment via the e-mail in the knowledge that it won't be seen by the masses," he said. "The new rules mean that managers will be constantly looking over their shoulders."

An HSE spokesman said: "The HSE does need, for health and safety purposes, limited powers for surveillance, and powers to obtain telecommunications data - both of which would be provided under RIPA. These cover activities we have needed to undertake in the past in certain kinds of cases."