Death report - key recommendations and reaction

Construction chiefs have slammed high-level recommendations to extend gangmaster licensing regulations to construction.

The call for greater regulation was made in Rita Donaghy’s One Death is Too Many report for the Secretary of State for Work and Pensions.

John McDonough, chairman of the CBI Construction Council, praised many of the recommendations, but said: “We do not believe licensing would be an effective way to reduce fatalities.

"The government should target resources on cracking down on firms that flout health and safety rules, rather than imposing an additional burden on law-abiding firms.

“Leadership in health and safety is already enshrined in the law. Therefore imposing further duties on directors would be a retrograde step and simply duplicate existing law."

He added that other proposals to raise the standing of construction through a dedicated construction minister would be better achieved through an independent chief construction officer, operating in a similar way to the chief scientific adviser.

One death too many - 28 key recommendations

• Extend the Building Regs to include review health and safety processes during building control applications
• Extend gangmasters regulations to construction
• Duties on directors to ensure good health and safety management through a framework of planning, delivering, monitoring and reviewing.
• Provide courts with specific guidance on director’s health and safety responsibilities to aid verdicts, fine levels or for how long to disqualify directors.
• Investigate the built-in delays leading to prosecutions on construction fatal accidents.
• Appoint a full-time Minister for Construction
• Office of Government Commerce guidance should be applied to all publicly funded construction projects and enforced
• Government takes a lead in the use of a new standard, agreed bench-marks so that sub¬contractors do not have to acquire a host of pre-qualifications for different clients
• Fairer distribution of ConstructionSkills grants to help not just main contractors but also specialist subcontractors.
• Research why there is such a high drop-out rate from apprenticeships despite high volumes of applications.
• Further consolidate the Construction Skills Certification Scheme card system
• Review university or college courses to ensure they adequately cover design, health and safety awareness and risk management
• The industry should renew efforts to encourage greater worker participation.
• Expand role for trade union safety representatives to promote the benefits of employer investment in health and well-being
• More should be done, particularly by the larger companies, to encourage joint working with the unions over health and safety.
• Where there is no trade union presence there should be fresh efforts to encourage genuine workers to feel free to speak out about risks about unsafe practices.
• Construction workers should accept responsibility for their own safety so far as able. Employees should join a trade union as their families are more likely to receive support and advice in the event of a fatal accident. Self-employed workers should have sufficient insurance to enable their families to obtain legal advice should it prove necessary.
• Contractors should hold the names and contact numbers of close family members in the event of accidents.
• The industry should continue to support partnership working through the supply chain
• Renewed effort to tackle occupational health
• The HSE, Strategic Forum for Construction and other groups must tackle the ‘legacy’ challenge of second hand equipment or machinery still in circulation. Hirers should be aware of possible dangers and be trained to identify any faults
• Launch a campaign to urge workers and contractors to report accidents
• Target safety campaigns at more vulnerable groups like migrants, young people, and the 55-plus age group
• HSE boosts resources in London
• Launch an HSE pilot study to determine the impact of non-accident prosecutions.
• HSE must review its approach communicating fatal accidents.
• HSE should encourage inspectors to promote the Institute of Directors / Health and Safety Commission guidance for directors
• Regular reviews to further illuminate the underlying causes of fatalities.