Conference presentations next week

Whilst teaching term might be winding down before Easter, an academic’s life is far from quiet: conference season starts in earnest. Over the coming weeks, the project team are in action, presenting some preliminary findings from their research.

First comes the Social History Society conference, conveniently being hosted at the University of Portsmouth. We have a project panel in action on Tuesday 31 March, consisting of papers by Paul and Carmen (‘People talking about regulation: public perspectives on the changing legitimacy of health and safety’), Laura (‘Accessing women’s experiences of occupational health and safety in post-1960 Britain’) and Mike (‘“They never bother about safety, never”: occupational health and safety in port towns in post-1960 Britain.’).

No rest for Paul, though, as he heads straight from Portsmouth up to Warwick, to the Socio-Legal Studies Association conference, to present his paper (‘Il/legitimate risks? Perceptions of occupational safety and health in post-1960 Britain’) on Wednesday 1 April.

It’s going to be a busy week for the project, but hopefully we’ll get some useful feedback and thoughts on our work so far from these conferences.

Regulating ‘Live Volcanoes’: Health and Safety in Public

 

Images from Inquiry into Disaster at Nypro (UK) Ltd, Flixborough on 1/6/1974 (Official Report),via National Archive TS 84/37/1

Images from Inquiry into Disaster at Nypro (UK) Ltd, Flixborough on 1/6/1974 (Official Report),via National Archive TS 84/37/1New Picture (1)

“He [a senior HSE figure] put his hand up and said, ‘no, no, no, stop my boy, stop…that’s worker safety. That’s a dead volcano’, he said. ‘The live volcano is public safety. That is what’s going to energise everyone’.” [R. Bibbings interview, para.19]

One of the most pronounced shifts to have taken place in the last fifty years of health and safety regulation has been a movement towards recognising workplace risks that affect the general public. It is probably fair to say that the earliest eras of health and safety provision did not look beyond the factory or workshop in terms of their scope; indeed, most of the Factories Acts were explicitly limited in terms of the types of workplaces and industries in which they applied. But health and safety today is something that is understood as encompassing all areas of human activity, from education, to recreation, to work, to the use of public space. For many people, this ‘creep’ of health and safety into all areas of life is one of the key reasons for questioning the legitimacy of the law, and negative media coverage of health and safety does place an emphasis on the social, rather than the workplace, aspect of the issue. So when, and how, did this shift occur?

A review of the historical material suggests that the ‘public’ element was relatively little discussed before the 1970s, even in the aftermath of major events like Aberfan (which were seen as ‘public safety’ rather than ‘health and safety’ issues). The turning points appear to be twofold. While the Offices, Shops, and Railway Premises Act 1963 had broadened the scope of the workplaces in which health and safety risks were recognised, it was the 1974 Health and Safety at Work Act s.3 which turned attention to ‘public’ safety risks. This had been introduced in part because of the Flixborough explosion in 1974, which showed the potential of high-hazard risks to ‘cross the factory fence’ and affect local communities. Even then, however, the potential of this extension of coverage was not really appreciated or recognised – policy observers from the time have confirmed that, in the words of a former civil servant (and HSE Director-General):

“Robens did envisage that there would be some limited duties towards the public. But…at the time when the Act was going through, I don’t think that the very extensive ways in which public health and safety have come into play was envisaged.” [J. Bacon interview, para.23]

The second turning point was the mid-1980s, when three factors coincided to make public opinion a key player in regulatory thinking. A combination of the politicisation of issues of regulation and government intervention (particularly by the EC) by the Thatcher governments, a series of major disasters affecting the public and workers between 1987-9 (including the Herald of Free Enterprise and Marchioness sinkings, Piper Alpha, Hillsborough, and the Clapham rail crash), and HSE’s efforts to account for growing concern over major hazard sites (mainly nuclear power, and especially post-Chernobyl) as part of their new Tolerability of Risk Framework (1988) meant that suddenly, what the man in the street thought mattered a great deal more than it had in the past. Not only was more evidence then gathered about public opinion, but the balancing approach to be adopted became more explicit. While the initial assessments of both tolerability and preference looked at high-hazard issues, the legislative and policy framework that was created was soon providing a basis for judgements about an ever-widening array of sectors and issues.

In this way, the new focus on principled, evidence-led decision-making, coupled with the ability of s.3 HSWA to apply to people outside the workplace, would change the face of health and safety regulation forever. It remains an irony that the movement towards applying the law to ‘crazy’ cases like so-called bans on playing conkers in schools, was driven in part by the need to respond to some of the most hazardous workplace dangers imaginable, and a desire for greater rationality.

Race & occupational health and safety

When researching modern British history, the issue of race comes up often, particularly in the late 1950s/early 1960s. This era saw a sharp increase in immigrant labour, as the government recognised that post-war reconstruction depended on an influx of new workers. Throughout the 1950s, immigration from the Commonwealth rose significantly.

For employers and safety organisations, this rise in immigrant labour brought with it particular problems relating to health and safety. Communicating OHS regulations to workers whose first language was not English is a concern that arises in the minutes of safety committees and industrial advisory groups, often reflecting the presumptions and beliefs dominant at the time. The following is an extract from the minutes of an Industrial Group Advisory Council dating from January 1960 (click to enlarge):

1960 race and OHS minutes

The committee minutes state that the Wolverhampton Safety Group’s rules for ‘dealing with Pakistani and Indian Labour’ included entreaties to employers to: ‘treat them kindly but firmly, as though they were children’. Other rules stipulate close supervision (as it was thought workers could not be trusted to be mindful of safety issues) and not employing immigrant workers on jobs which ‘involve the use of discretion.’ Whilst such perspectives now seem astonishing and inconceivable, at the time they were widely held and would have appeared unremarkable.

This sheds light on the increasing issue of race relations in the British workforce in the early 1960s, something that was recognised in industry at the time. Indeed, ‘The Immigrant in Industry’ was one of the topics discussed at the Conference of Advisory Councils on Occupational Health in 1962/3. Minutes from this conference hint at a more constructive (though at times no less misguided) approach, suggesting short courses on occupational health and safety to be offered to workers entering the country for the first time. The conference minutes also recommended the production of pamphlets, the purpose of which was to ‘guide the immigrant to a successful entry into industry. The idea was to sell to the immigrant the maxim “When in Britain, do as the British do”’.

These documents flag up a topic we might not normally think about in relation to the history of occupational health and safety in the UK; namely, immigration and race-relations in industry, particularly in the post-war period. How far was racial prejudice an issue when it came to establishing good health and safety practices in the workplace? How far did employers perceive the communication of OHS regulations and issues to immigrant workers to be problematic, and how much of this was tainted by intolerance? And how far did immigrant workers feel that they were protected by OHS regulations, compared to their British colleagues?

Communicating safety (through film)

One interesting theme which emerged from our time at the British Safety Council archives in October was the various ways in which safety messages are communicated to workers through promotional material – one popular method being the medium of the safety film. Our search unearthed a safety film catalogue from Federation Films, a production company formed jointly between the National Federation of Building Trades Employers and the Construction Industry Training Board.

Films in the catalogue included Where’s Danny?, No Questions Asked and Eyes Down. These productions (made between 1987 and 1990) use brutal scenes and emotive subjects to communicate their safety messages and to raise questions about worker and employer responsibility.

Where’s Danny? was produced for the painting industry, and follows a painting contractor working in an engineering factory. The film takes place 35 feet above ground, where Danny unclips his safety harness in order to clip it to a ladder (the correct procedure) but falls to his death due to the movement of the platform, which was badly set up. The film, described in the promotional material as ‘highly emotive’, highlights neglect on the part of management, in terms of their failure to order the correct equipment and cutting of corners to meet a deadline.

No Questions Asked is described as a dramatic, step by step portrayal of how an accident really does happen on a building site, and follows a series of incidents, all interlinked, which culminate in eventual disaster involving an unsafe trench. The procedure followed when investigating an accident is also shown, and all persons involved are found guilty – the foreman, general foreman, site agent and ganger. The message here is clear: everyone on the site bears a responsibility for safety.

 

no questions

Still from No Questions Asked

 

Eyes Down stresses the importance of hand, eye and foot protection in the construction industry. The promotional material sums up the crux of the film:

“Frank Waller was doing a routine sort of job – using a breaker on a kerbstone. So simple that maybe he wasn’t paying it much heed. The breaker slipped…they had to amputate what was left of Frank’s foot.”

 

eyes down1           eyes down1

Stills from Eyes Down

 

These films are relatively short (between 10-20 minutes) and tend to deliver their points concisely, and although they are instructional they draw more upon shock tactics and brutal imagery to gain the attention of employees and managers. Promotional materials like these aim at hammering home the cost of accidents and the issue of employee-employer responsibility, and such materials are extremely interesting to study in terms of the ways in which they attempt to engage with workers and communicate safety messages.

Government Report on Risk Released

Last week, the UK Government Chief Scientific Advisor launched the first of his annual themed reports, entitled ‘Innovation: Managing Risk, Not Avoiding It’. It is significant that Sir Mark Walport has chosen to focus the report on risk, recognising the significance of the topic for contemporary British society.

 

Mike has contributed a short case study to the report, using an historical example – the introduction of driverless trains on the Docklands Light Railway in London in the 1980s – as a means of thinking about the ways in which risks and perceptions of risks have been managed in the past, and what this might suggest for the introduction of new technologies in the future.

 

Writing the case study presented Mike with some challenges. Usually historians have the luxury of several thousand words in which to develop an extended argument, going into the nuances and complexities in some detail. In this case, though, the word limit was significantly tighter – only 500 words. It meant focusing in on the absolute essentials, as well as identifying what might be of most benefit for the contemporary user – important, given the report will be read by government staff and policy-makers in Britain and beyond in order to shape their decisions and frame debates in the future.

 

Mike’s case study identified a number of factors that influenced perceptions of safety and risk in relation to the DLR’s driverless trains, including proactive communication, public testing and the role of state regulation. He has suggested that these areas might all usefully be considered when introducing new technologies that might be perceived as in some way risky – but also that far from a knee-jerk reaction that feared driverless technologies, the public’s risk perception was more sophisticated, including a more open-minded approach to new technologies.

 

You can find the report and the associated evidence and case studies here.

Talking About the Past – the key stakeholder interview process

One of the central components of the research project is a series of interviews with key actors from the field of health and safety over the last fifty years. These began in August 2014, and we are approximately halfway through the process of talking to 40 people from a wide variety of backgrounds about their lives in the health and safety world. Each of these interviews to date has proved to be fascinating and enjoyable, and many new ideas and useful observations have emerged so far. And while it may be premature to jump the gun on discussing the findings, there are a number of interesting points to make about the process of interviewing itself.

Our first challenge has been deciding who to interview. We had identified a broad range of categories (regulators; H+S professionals; trade union actors; employer and business representatives; politicians; scientists and other observers). Some names were immediately obvious; others were recommended by either our helpful steering group, our existing contacts in the field, or by previous interviewees; and a few have been targeted following research into a specific topic or issue. This has allowed us to populate our categories (some more so than others!) and get a really broad spread of interesting interviewees.

The second challenge has been deciding what to ask – because this is a diverse pool of interviewees, we could not design a standard template of questions to ask in every case. But standardisation is not the goal of oral history interviewing – providing an authentic and personal account of the past is. With this in mind, we have worked from a ‘skeleton’ template, which sets out a chronological structure, and then populated each individual interviewee’s schedule with person-specific questions and areas to discuss. This has worked really well, allowing us to inform each interview with bespoke research on the person, and pointing attention at the key matters that each interviewee might want to discuss.

It must be said that our interviewees have proved to be a great resource – open and forthcoming, sometimes outspoken or revealing, and often insightful, reflective, and generous in their reminiscences. From Peers of the realm to professional managers, and from scientists to civil servants, they have all been able to pull apart the context of regulation in this area over the last fifty years. And all have given their own voice – which is exactly what we want the oral history methodology to capture for posterity!

The hardest part of the process is likely to be one of analysis – pulling out the material that matters and seeing the links between the different interviews. Many people have touched on similar topics from different angles, or given contrasting views on specific points. Some of these (like Piper Alpha, the Robens Report, Asbestosis, and the EU/6-Pack) will likely form the basis of case studies within our reports. We still have spaces for interviews and would particularly value some in key areas (trade union safety reps/policymakers; people working on safety issues prior to the 1974 Act; safety actors in the fields of occupational health and/or Local Authority enforcement) so please do draw this to the attention of anyone who would be suitable!

Research visit to the British Safety Council archive

The nature of archival research can vary depending on the size, scope and location of the collection involved, and this week’s project trip to the British Safety Council archive in Mansfield was no exception. As you can see from the picture below, the conditions were somewhat unusual!

 

BSC

 

Rifling through uncatalogued material is always exciting, as there’s no telling what the collection might hold. And our project researchers did come away with some interesting finds. More to follow on this later!

 

 

[Many thanks to the British Safety Council for facilitating access to the collection]

IOSH VIP talks OHS on ITV!

Professor Robert Dingwall, the academic lead of the IOSH research programme ‘Health and Safety in a Changing World’, which this research project sits within, was interviewed by ITV discussing the 40th anniversary of the Health and Safety at Work Act 1974: http://www.itv.com/news/central/2014-10-20/h-s-laws-40th-anniversary-nanny-state-or-workers-saviour/

Nottingham-based Robert Dingwall

Project talk – podcast available

Mike’s presentation at the symposium marking the 40th anniversary of the Health and Safety at Work Act is now available online.

The talk – ‘Buying in to health and safety? Perceptions of legitimacy of occupational health and safety & the 1974 Act’ – was given at the Centre for History in Public Health at the London School of Hygiene and Tropical Medicine, to an audience including policy-makers, practitioners, academics and former and current members of the HSE.

In the presentation, Mike discussed how various groups viewed occupational health and safety around the time of the Robens Report and the 1974 Act, including testimony from the archives and from workers.

A number of other presentations from the symposium are also available, including those given by Tim Carter (former Director of Health Policy at the HSE) and John Rimington (former Director General of the HSE).

Thoughts from the archives: Scotland, OHS and the devolution referendum of 1979

 

“Before the end of 2014 people in Scotland will take one of the most important decisions in the history of Scotland and the whole of the United Kingdom (UK) – whether to stay in the UK, or leave it and become a new, separate and independent state”

 

(House of Commons, Scotland analysis: Devolution and the implications of Scottish independence, February 2013)

 

On Thursday 18 September the Scottish electorate will decide whether Scotland should become independent country or remain within the UK. But what does this mean for occupational health and safety in Scotland? Historically, this issue has come up before, although in relation to devolution rather than full independence. In 1979, Scotland held a referendum on establishing an assembly devolved from Westminster, though the vote fell short of the 40% of the electorate required to make this a reality. This period is an interesting one so far as it relates to health and safety issues, because in the run up to the referendum the Health and Safety at Work etc Act (1974) was in its first few years of implementation. During a trip to the National Archives of Scotland, I happened across a number of documents from this period which provided an insight into some OHS concerns that, in the 1970s, set Scotland apart from England, and implied that homogeneity in OHS legislation would not work for a devolved Scottish Assembly.

The Health and Safety at Work etc Act was introduced into UK law in July 1974. The act laid down the general principles for the management of health and safety at work in the United Kingdom and also resulted in the creation of the Health and Safety Commission (since merged with the Health and Safety Executive). At the time devolution was being discussed (1975-1978) this legislation wasn’t fully implemented, which could have contributed to some anxiety in terms of Scotland’s proposed control over OHS issues relating to agriculture, offshore oil and particularly emissions from industrial premises. For example, industrial emissions were to come under the remit of the HSC, but it was felt, in Scotland, that this should remain within the powers of the Department of the Environment (as this was seen to be an environmental issue). Furthermore, correspondence between the Scottish Home and Health Department and UK government officials highlighted a few complexities here with regard to devolution: different standards in England and Scotland could be harmful, and uniformity across Scotland and England was preferable for the UK government. However, industrial emissions were very closely related to other aspects of environmental health which would be devolved to the Scottish assembly, making this a tricky issue.

At this time it was also expected that the NHS would work closely with aspects relating to occupational health, which might be difficult under a devolved Scottish Assembly. In July 1975 the Scottish Home and Health Department wrote that it would be ‘illogical’ for Scotland to have control over the NHS, but with health during working hours under the control of Westminster. The department also recognised that in ‘view of financial and other constraints’ the idea of setting up a Scottish Health and Safety Commission was unlikely, but suggested that if Scotland wished to have control over some arrangements ‘e. g. alcoholism at work’ it was thought that this should not cause serious difficulty for the rest of the UK.

These discussions were academic, however, as Scotland did not gain devolution from Westminster until 1999. Today, Scotland’s health and safety laws come from the UK parliament (which in turn takes many of its regulations from the EU). Scotland cannot make new health and safety laws, but can make law on related issues, such as criminal law. Since 1999, there has existed a concordat between the HSE and Scottish executive which is non-binding, but allows for practical working arrangements between the HSE and the Scottish Executive on OHS matters.

So who will have responsibility for health and safety in the event of a ‘Yes’ vote on September 18? There is still the question of whether Scotland would remain in the EU, but it is possible that, as the Scottish government wishes to join the EU, it will bring health and safety laws into line with EU requirements (a necessary pre-requisite for membership). Furthermore, in 2011, Employment Minister Chris Grayling commissioned the Löfstedt report – an independent review aimed at streamlining health and safety regulation in Britain. Scottish independence would not happen overnight, and it is probable that by the time Scotland did achieve full independence the recommendations of the review will have already been implemented. In addition, given that there are already HSE offices employing over 270 staff in Aberdeen, Edinburgh, Glasgow and Inverness, any radical overhaul of health and safety regulation in Scotland might seem an unlikely eventuality.

 

Laura Mayne