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Can the HSE remain an effective chemicals regulator?

Thomas Wild · 6 November 2020

We are less than two months away from the end of the transition period following UK’s exit from the EU. How ready is Health and Safety Executive and, in particular, how ready are we in the Chemicals Regulation Division?

On 2 September, Prospect HSE representatives, together with colleagues from the PCS union, met with the Director of Chemicals Regulation Division (CRD), the CRD Chemicals Future Readiness Transition Programme Director and the Engagement and the Policy Division’s (EPD) Director.

HSE advised the trade unions that they are planning on the basis of an independent Chemical Regulation regime for Great Britain and a Chemical Regulation regime aligned with the EU for Northern Ireland.

HSE is focused on recruiting up to 120 new full-time staff for January 2021. Management have advised that they plan further recruitment but this is clearly dependent on the outcome of the impending spending review. Most of these roles will be Regulatory Science Band 5 positions which have been targeted towards recent graduates.

HSE also advised that they are facing significant challenges. We asked why staff were not recruited earlier and we continue to express our concerns at the lateness of the recruitment process. Management said that while some 27 were brought in, HSE were unable to undertake a more expansive recruitment exercise earlier due to funding.

GB & NI regulation

The way in which GB through HSE’s CRD will regulate chemicals after December 31 2020 is becoming clearer with, it appears, minimal difference between a Free Trade Agreement (FTA) and a no FTA outcome.

The NI situation remains unclear given recent political developments. Prospect is concerned that undue pressure could be applied to current members of staff. Given the significant number of experienced and knowledgeable staff departing CRD in recent years, this leaves those that remain training 100+ new staff while trying to operate in a yet unknown regulatory framework.

Furthermore, there is the added pressure on staff as they will be making new regulatory decisions for UK’s entire food and biocide markets.

We made these points to HSE management who recognise our concerns and have assured us that staff welfare remains at the forefront of their thoughts. We encourage staff in CRD to raise any concerns they may have with their local representatives.

Virtual training

To try to take some of the burden off current staff, a virtual training/induction system was discussed to be ready for the 100+ new recruits in January.

Given the current situation in respect to Covid-19 there will be added pressure for the virtual platform’s successful implementation. This is clearly something that needs to be kept under review. We look forward to discussing this training platform in due course.

Prospect does not underestimate the work that has been undertaken by both CRD management and the wider workforce caused by events outside of their control. Further, we welcome the increased number of roles and promotional opportunities Brexit has caused.

However, significant challenges lie ahead.

Retaining quality staff

For HSE to be an effective long-term regulator, serious considerations need to be made in how to retain and recruit high quality staff.

The Senior Leadership Team is fully aware of the high turnover rate and the reasons staff leave, but it remains to be seen what action will be taken to resolve this ongoing issue.

Through staff leaving for greener pastures, questions remain about HSE’s ability to deliver an effective chemical regulation regime in 2021 and beyond. Prospect will be putting pressure on HSE management in ongoing consultations around Brexit preparations and ongoing pay negotiations, to support and represent our members in these uncertain times.

Thomas Wild is a Prospect HSE rep.