Tombs and Whyte: The Cost of Health and Safety Infringements

Last Updated on February 26, 2017 by

Marxist Criminologists argue that the costs of elite crime are greater than the costs of street-crime, yet the elite are more likely to get away with their crimes. The piece of research below strongly supports this view (refs to follow!)

In the UK Safety Crime has been studied extensively by Professor Tombs, and Dr Whyte (2008). To look at just one example from recent press releases of the Health and Safety Executive: 2.2 million people work in Britain’s construction industry, making it the country’s biggest industry. It is also one of the most dangerous. In the last 25 years, over 2,800 people have died from injuries they received as a result of construction work. There were 77 fatalities last year; many more were injured or made ill.

In March 2008 the HSE reported that over one in three construction sites visited put the lives of workers at risk and operated so far below the acceptable standard that inspectors served 395 enforcement notices and stopped work on 30% of the sites. That followed the report of the HSE on over 1000 spot checks of refurbishment sites across Great Britain during February this year as part of its rolling inspection programme. Work was stopped on site immediately during approximately 300 inspections because inspectors felt there was a real possibility that life would be lost or ruined through serious injury. The inspectors were appalled at the blatant disregard for basic health and safety precautions on refurbishment sites across Great Britain. Basic safety precautions were being flouted. Last year over half of the workers who died on construction sites worked in refurbishment, and the number of deaths rose by 61 per cent.

Tombs and Whyte analyse the causes of such high rates of death and injury in the construction industry: the casualised, sub-contracted and increasingly migrant workforce; the long and complex supply chains; aggressive management; market pressures; industry norms; and problems in regulatory processes.

Weak or non-existent trade unions add to the dangers. An instructive example is a comparison between Norwegian and UK offshore oil industries. The North Sea, while an inhospitable environment, is not inherently dangerous in the sense that it necessarily produces high numbers of worker deaths and injuries. Research has shown that the improved offshore safety in Norway compared to the UK is due to rights for union representatives to stop work when they think that safety is jeopardised, as well as “the maintenance of strong offshore unions with a comprehensive network of trade union-appointed safety representatives; this is in marked contrast to the strident anti-trades unionism of the UK sector”

Tombs and Whyte also looked at the use made of powers under the Company Directors Disqualification Act 1986 to disqualify directors for health and safety failures in the management of companies. Despite the HSE’s spot checks revealing that 30% of construction sites did not meet safety standards, they were able to identify just ten directors who had been disqualified for health and safety reasons between the date when the 1986 Act took effect and the end point of their study in 2005.

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