On 20 November, the Health and Safety Executive (HSE) published its annual statistics on work related ill-health and workplace injuries for the 2023/24 period, this year marking 50 years since the Health and Safety at Work Act received Royal Assent.
The headline figures are:
- 7 million cases of work-related illness, of which are:
- 776,000 cases of work-related stress, depression or anxiety;
- 543,000 cases of work-related musculoskeletal disorder;
- 61,663 injuries to employees reported under RIDDOR by employers;
- 138 workers killed in work-related accidents;
- 33.7 million working days lost due to work-related illness and workplace injury; and
- £21.6 billion estimated cost of injuries and ill health from current working conditions.
Work-related mental illness has remained largely static with cases of stress, depression and anxiety making up around half the estimated number of workers in Great Britain suffering from a work-related illness and representing over half of all working days lost due to work related ill-health. Whilst there is a decrease in the reported figures from 875,000 (2022/23) to 776,000 (2023/24), the current rate remains higher than the 2018/19 pre-coronavirus pandemic level.
Last year, we highlighted the HSE 'Working Minds' campaign to address the lack of knowledge in the workplace concerning work-related stress, which was launched in November 2021. The campaign brought together a variety of organisations who worked collectively to address a key strategic priority – reduce work-related stress and improve mental health in the workplace. HSE have set out in their 2024/25 business plan their aim to share knowledge to increase expertise across workplaces, helping to reduce workers' exposure to risk.
The figures have decreased over the last year and the preceding year. It will be interesting to see over the coming years whether the trend continues. Reducing work-related ill health, with a specific focus on mental health and stress, remains one of the HSE’s five strategic objectives as set out in its 2024/25 business plan, the focus for the coming third year of their strategy placing a strong focus on performance, improving the effectiveness of investigations and changing ways to deliver their objectives.
RIDDOR reported non-fatal injuries increased from 60,645 (2022/23) to 61,663 (2023/24). This shows an upward trend and the current rate has returned to figures similar to those reported in 2021/22.
This year also saw an increase in fatalities in the workplace from 135 (2022/23) to 138 (2023/2024). This rate remains broadly flat with the previous year's figures of fatal injuries and long-term represents a downward trend since 2012/13. The UK consistently has one of the lowest rates of fatal injury compared to other large European economies, something the HSE strives to maintain.
Enforcement
The HSE published its enforcement statistics in its 2023/24 annual report. 84% of investigations into fatal incidents were completed within 12 months of receiving primacy, against a target of 80%. 94% of investigations into non-fatal incidents were completed within 12 months against a target of 90%. These figures present a small decrease on the previous year.
There has been a drop in the number of inspections completed on the previous year down from 16,800 to 14,700. Despite the decrease in the overall figure, there has been an increase to 3,100 inspections of construction sites, representing a 32% increase on the previous year under a planned major health campaign. A further area of focus for HSE has been woodworking with over 1,900 inspections completed.
The HSE issued over 7,000 enforcement notices and whilst this has fallen from the previous year by 1,000, the investigatory costs recouped have risen by over £1 million to over £15 million in the current year from the Fee for Intervention Scheme.
This year also saw income recouped from the Building Safety Regulator exceed £2.7 million. This is likely to be an area of focus for HSE over the coming year and the rise in construction inspections will correlate with the income recouped by the Building Safety Regulator.
HSE completed 248 prosecutions in 2023/24, rising from 216 in 2022/23, a move back towards 290 prosecutions in the year 2021/22. In the current year, 92% of cases prosecuted resulted in conviction.
The HSE states it will continue to use its expanded internal legal resource to lead prosecutions to produce a more consistent and efficient process.
HSE Focus for 2025
This year marks 50 years since the Health & Safety at Work Act (HSWA) came into force. The Act was designed to consolidate and modernise health and safety at work legislation. Working conditions were very different five decades ago, with employees in factories and mining exposed to practices and processes that would seem inconceivable today.
In 2022, the HSE introduced a 10 year strategy: Protecting People and Places, designed to meet the challenges ahead. It has recently published its business plan for 2024 to 2025 detailing what it will deliver during the third year of its 10 year plan.
The strategy has set five objectives:
- Reduce work-related ill health, with a specific focus on mental health and stress.
- Increase and maintain trust to ensure people feel safe where they live, where they work and in their environment.
- Enable industry to innovate safely to prevent major incidents, supporting the move towards net zero.
- Maintain Great Britain’s record as one of the safest countries to work in.
- Ensure the HSE is a great place to work.
To help reduce work-related stress, the HSE is continuing to develop practical steps for all workplaces that help them prevent exposure to issues causing work-related stress.
One of the HSE's key plans for delivering its objectives and reducing risk and protecting people and places is through investing more time for planned inspections. This will involve delivering 14,000 inspections with an increasing focus on health priorities to achieve reduced ill health. These targeted inspections will check dutyholder compliance with management of risks from asbestos, noise and musculoskeletal disorders. These will focus on the quality of consultancy and occupational health services being provided and checking compliance with legal requirements for health surveillance.
Other inspections will be aimed at:
- Enforcing preventive controls for occupational lung disease from exposure to respirable crystalline silica, wood dust and isocyanate paints;
- Avoiding exposure to radiation, lead and dichloromethane;
- Gain assurance that dutyholders are complying with clear, established expectations to prevent legionella outbreaks;
- Inspecting ambulance trusts and their practical controls that prevent workers’ exposure to issues causing work-related stress, such as violence and aggression; and
- Evaluating interventions targeting risks to workers from failure to manage asbestos, MSDs and noise.
In its business plan, the HSE has also provided an update on progress made as part of its Building Safety Regulator Strategic Plan. In particular, the registration of higher-risk buildings (HRBs) and the registration of building control professionals, building control bodies have gone live. Further services due to go live include the establishment of the new regulatory regime for occupied HRBs. This includes building assessment certification and the introduction of a regulated building control profession.
The HSE is now the largest building control authority in England with authority for HRBs, implementing a more stringent regime for their design and construction. Before planning permission is granted, the HSE as Building Safety Regulator will check that building designs address fire safety. Building work cannot start until an application has been approved.
The HSE has also reviewed and modernised its regulatory processes to increase its focus on addressing high-risk activities. This will include:
- Restructuring and refocusing its field and construction divisions to form dedicated investigation, inspection and specialist divisions;
- Implementing a new risk-based decision-making model to determine which reportable, non-fatal, safety incidents will be investigated resulting in fewer more impactful investigations;
- Implementing a consistent approach to handling concerns, resulting in higher levels of resolution in our customer services contact centre with fewer but more impactful inspections; and
- Continuing to use its expanded internal legal resource to lead its prosecutions, to produce a more consistent and efficient process.
A key objective of the HSE's plan is to swiftly tackle and reduce risk. The HSE has introduced specific performance measures aimed at further reducing the time taken to instigate enforcement action and close out investigations to refocus resource on high-priority activities.
This includes completing 80% of fatal investigations within 12 months of primacy and completing 90% of non-fatal investigations within 12 months of the incident date.
It is also interesting to note that the HSE has a series of measures which are designed to lead to an increasing rate of enforcement action being taken in those cases to ensure more timely closure of those investigations which will not result in justice or learnings for the industry. These targets include:
- 55% of all cases completed within three weeks (expected average enforcement rate of 35% on those cases that remain open for investigation).
- 75% of all cases completed within 11 weeks (expected average enforcement rate of 50% on those cases that remain open for investigation).
- 95% of all cases completed within 43 weeks (expected average enforcement rate of 75% on those cases that remain open for investigation).
This suggests that the HSE will be aiming to make swifter decisions as to whether to undertake a full investigation into every reported incident and this could mean a greater prospect of companies with strong health and safety arrangements avoiding enforcement action, especially where companies have demonstrated that they have already reviewed their procedures and made any necessary changes.
The HSE recognises that the burden on overstretched funds in the current economic climate is a challenge, but they are committed to continuing rigorous inspections and investigations to prevent future work place injuries, illness and fatalities. In line with the focus of the HSE's business plan, we recommend that organisations continue to review and update their health and safety procedures and policies in line with HSE guidance, ensure that they are implemented by the workforce without creating new risks, and ensure that they are prepared for a visit from the HSE at all times by having a plan in place.
How we can help …
Our national Regulatory Team advises organisations across a diverse range of sectors on compliance with their statutory health and safety, product safety and environmental obligations, and help them to manage their response to major incidents, and to protect their interests, particularly when faced with the threat of investigation or prosecution by the regulatory authorities. We also offer a wide range of training sessions and workshops. Please don't hesitate to contact us to discuss our services further.