Health and Safety Executive

Noted (AI summary) HSE acknowledges the concerns around the rental of food delivery licenses to under 18s, lone working, and road safety but states road traffic accidents are generally a police matter. HSE notes actions being taken by other government departments and the food delivery industry to tighten controls.

Noted (AI summary) East Riding Council confirms it does not have powers to specify equipment in first aid kits or publish guidance, instead signposting businesses to HSE guidance, and recommends the Regulation 28 be served to the HSE. HSE outlines health and safety legislation regarding workplace first aid provision and clarifies that there is no requirement for employers to provide specific equipment such as anti-choking devices, advising that the MHRA is responsible for regulation of medical equipment.

Noted (AI summary) NHS England will review and update guidance in HTM 06-01 regarding Emergency Power Off (EPO) controls, including the location of reset buttons, with completion due in the financial year 2026-27. Competency and training for engineers will be included in the HTM update. The CQC acknowledges the concerns regarding guidance on Emergency Power Off (EPO) controls, but states it does not have the power to set guidelines or training expectations. They note that the Trust has confirmed actions taken including durable labels on EPOs, quarterly Electrical Safety Group meetings, and completed installation reports.

Noted (AI summary) The Lift and Escalator Industry Association (LEIA) published a safety notice on their website on behalf of Phoenix Lifting Systems regarding lifting platforms with one-touch platform controls and emailed it to all their members. HSE will raise the matter of platform lifts without hold-to-run controls at the national Local Authority Health and Safety Practitioner Forum and in a technical LA bulletin, and will share the circumstances with CQC and the wider healthcare industry. They are also aware that LEIA has raised the concerns with their relevant committees. LEIA published a further safety notice addressing similar hazards in other lifting platforms from other manufacturers and has made proposals for inclusion of recommendations for the revision of BS 5655-11 to cover legacy lifts with similar hazards. DHSC acknowledges the concerns regarding platform lifts in care settings, but states the responsibility lies with the Health and Safety Executive, who have already responded and are monitoring similar incidents. DHSC shares concerns about the incident but states the matters do not fall within their responsibilities; they have written to the HSE to monitor for similar incidents and review if further action is needed.

Noted (AI summary) The Minister will write to Swim England to explore how awareness of the 'Beyond Swim' accreditation scheme and associated guidance can be increased. They will also continue to work with sports bodies to ensure safety is prioritised. HSE acknowledges the concerns, explains that existing regulations (HSWA and MHSWR) apply to open water swimming events, and that relevant guidance is available from other sources. HSE will not be publishing specific guidance at this time but will raise awareness with local authority enforcement officers.

Noted (AI summary) HSE states it is not the appropriate regulator to address concerns about anti-choking devices in care settings, deferring to the CQC for registered providers and the MHRA for medical device regulation. The ICB commissioned training for nursing homes, including a guest speaker on choking prevention and provided free training on modified diets and choking risk. The ICB also shared resources from the RCUK, MHRA and DSI.

Noted (AI summary) The Department for Transport will examine what more could be done to ensure the roadworthiness of tractors, trailers and coupling devices and will investigate how best to raise awareness of the DVSA's published guidance on maintaining roadworthiness and vehicle loading, as well as of the existing voluntary trailer maintenance scheme. The NFU provides information and guidance to its members via its website, Business Guides, the British Farmer and Grower magazine, and electronic newsletters, and regularly highlights the importance of tractor and trailer maintenance when communicating with its members. HSE outlines its role as Britain’s national regulator for workplace health and safety and highlights that the health and safety legislative framework and associated guidance is sufficient and clear in its requirement to use equipment suitable for the task that is maintained in a safe condition. The AEA and BAGMA would support proposals for change from the Department for Transport including extending mandatory roadworthiness testing to vehicles travelling below 25mph and requiring failsafe breakaway systems on all trailers.

Noted (AI summary) The HSE is publishing further guidance, aimed at installers, their managers and supervisors to remind them of the steps they must take to control the exposure risk. They are also working with the Worktop Fabricators Federation to support development of their own information leaflet which they can share amongst their networks. MHCLG is requesting an extension and states that the concerns fall within the remit of the HSE, offering to provide a formal response explaining the limitations of MHCLG's policy remit. DHSC states that they have no comments or suggestions and that responsibility for the Coroner's concerns sits with HSE. The Worktop Fabricators Federation provides a 'state of the art' positioning statement on silica dust risks associated with quartz worktops, highlighting the need for safe working environments and suggesting potential market controls. The Agglomerated Stone Manufacturers Association highlights existing efforts to promote safety and calls for governmental involvement, suggesting clear rules and/or a licensing program for fabricators.

Noted (AI summary) The HSE acknowledges the coroner's concerns regarding welfare provision and workplace transport safety on construction sites, but asserts that existing legislation and guidance are sufficient and well-known within the industry. They will continue to raise awareness through stakeholder engagement and inspections.

Noted (AI summary) The HSE states that current guidance on safe stacking, loading, and unloading of bales is sufficient and does not require further images or supporting material, but they will keep the report on record for consideration when it is next reviewed.

Noted (AI summary) HSE explains its decision-making process regarding the investigation and clarifies its Incident Selection Criteria. While the suggestion to specifically name 'paraplegia' in the ISC will be considered, HSE states they are unable to take further action to change procedures, as their focus is shifting to risk-based selection.

Noted (AI summary) The Charity Commission acknowledges the report and states they are closely examining the concerns as part of their ongoing engagement with The Scout Association. They will be meeting with TSA again to discuss improvements and will take further regulatory action if needed. The Minister for Education and Welsh Language has noted the recommendations and passed them on to Welsh Government officials, noting that the UK Government is best placed to respond to the recommendation for a Public Inquiry into the Scout Association. The Children's Commissioner for Wales will seek updates from the Scouts Association and will share the PFD report with Estyn, who are expanding their inspections framework to include youth work. The Children's Commissioner will request updates from the Scouts Association by April 30th regarding actions to prevent future deaths/injuries. They have also called for Ofsted to play a larger role in assuring safety in youth work organisations. The Department for Education acknowledges the concerns raised, expresses condolences, and references existing guidance related to safeguarding and activity licensing but commits to no specific new actions. HSE will begin an investigation into Ben’s death and will also look at how they intervene generally with volunteering organisations that provide activities to young people such as the Scout Association to identify lessons for the future regulation of this sector. HSE will undertake a review to identify how this error occurred, and to ensure that it is not repeated and will be writing directly to Ben’s family to offer them an apology. The Scouts Association details actions taken including updating POR (Policy, Organisation and Rules), developing new training modules ('Growing Roots'), creating a new safety committee, and updating risk assessment processes. They also describe planned reviews and consultations. Unity Insurance Services acknowledges receipt of the report and expresses sympathy, noting they are working with insurers and The Scout Association to support customers, and clarifying a factual inaccuracy regarding the chair in 2018.

Noted (AI summary) The HSE acknowledges the concerns regarding cold water immersion activities, stating that existing regulations and guidance from other organisations (RNLI, National Water Safety Forum) provide a suitable basis for businesses to operate safely. They will not be publishing specific guidance at this time but will keep the activity under review and raise awareness among local authority enforcement officers.

Noted (AI summary) Aria Care will direct all future requests for riser/recliner chairs to Shackleton's, ensuring lockable handsets, and inform newly admitted residents of this requirement from December 1st, 2023. They are also working to replace existing chairs without lockable handsets and will reduce the use of riser/recliner chairs across the organization. HSE outlines the regulatory regimes applicable to the circumstances. HSE has contacted CQC on the patient safety aspects and notified OPSS regarding consumer product safety. The Department of Health and Social Care acknowledges the concerns, notes the CQC's investigation and outcome, and mentions Aria Care's move to use lockable remotes on riser-recliner chairs. The Department of Health and Social Care acknowledges the concerns, notes the CQC's investigation and outcome, and mentions Aria Care's move to use lockable remotes on riser-recliner chairs.

Noted (AI summary) Wakefield Council acknowledges the PFD report but states that many of the concerns are national issues. They state that no action is proposed by Wakefield Council in the absence of change to the statutory framework within which it operates and that a Diversion Order application process takes time. The HSE acknowledges the concerns, explains their role as a regulator, and refers to existing guidance for farmers and landowners. They state that posting notices about dogs is outside their remit but will consider including information on re-routing footpaths in a future review of guidance. DEFRA acknowledges the concerns around safety on public rights of way and refers to existing legislation and guidance, particularly the updated Countryside Code. They state they are responsible for setting out the legislative framework and producing guidance and will look at how to make diverting public rights of way more accessible as part of reforms.

Noted (AI summary) HSE acknowledges the concerns raised, notes the ongoing investigation, and explains the existing notification requirements for construction projects. They clarify that enforcement action, including requiring training, is proportional to the risks and seriousness of the breach and that previous poor performance is taken into account.