Challenging the regulators

One of the recommendations in the recently published Löfstedt report was the formation of an independent regulatory 'challenge panel'. The initiative was launched on 5 January and here we explain how it works.

What is the Independent Regulatory Challenge Panel? It's a panel of independent experts who will look into complaints about health and safety advice given by HSE and local authority inspectors.

What are the benefits of having such a panel?
HSE inspectors have a very good record of providing advice to dutyholders and we can usually sort out any disputes through our internal complaints procedure.

We don't envisage this changing but the panel should be helpful in promoting good and proportionate advice on health and safety to a wider audience.

It will also help achieve greater consistency than has previously been possible in the local authority area because of the different governance arrangements.

What if I disagree with an enforcement notice issued to my company. Can I complain to the panel?
No, they don't deal with formal enforcement action (such as notices or prosecutions) as these have existing routes of redress through tribunals or the courts.

What kind of complaints will they look at?
If you think the advice you've been given is incorrect or goes beyond what is required to control the risk adequately, you can make a complaint to the panel. But before doing that, you should try to resolve the issue with the relevant HSE or local authority (LA) inspector and their manager.

Who is on the panel?
Independent people who have the competence and experience to assess regulatory advice. Although the panel's role is advisory, the regulators will respect its independence and take on board its advice where appropriate.

I have a complaint from an event that happened a year ago. Can I put this before the panel?
No. They will only consider cases from 30 June 2011 onwards and the outcome will be made available on HSE's website.

And if I am still not satisfied?
If you don't accept the findings of the panel, you can follow the existing complaints procedures, including writing to the Chief Executive of HSE or the relevant LA Chief Executive. You can also write to your MP for HSE matters or the Local Government Ombudsman for LA cases.

Finally, what if I want to challenge non-regulators?
A second panel will be set up later this year for those who wish to challenge claims made about health and safety requirements by non-regulators. This panel will be headed up by the Chair of HSE. www.hse.gov.uk/contact/challenge-panel.htm