HC Deb 04 July 1995 vol 263 cc171-3W
Mrs. Clwyd

To ask the Secretary of State for Employment, pursuant to his answer of 22 June,Official Report, column 384, what plans he has to undertaken an assessment as to the reliability of surveys and official statistics collated and published by his Department, on accidents at work which involve school-age children. [31714]

Mr. Oppenheim

Statistics collected by the Health and Safety Executive give a reliable indication of trends.

Mrs. Clwyd

To ask the Secretary of State for Employment if he will detail the criteria followed by the Health and Safety Executive when deciding whether to prosecute in cases of accidents at work which involve school-age children.

Mr. Oppenheim

The Health and Safety Executive investigates information or complaints concerning the employment of children from local authority child employment officers or any other source. If children are found to be working illegally the employer is told to dismiss the children and their employment is terminated at once. When deciding whether to prosecute, HSE considers the gravity of the offence, the general record and approach of the offender, the deterrent effect and whether the evidence available provides a realistic prospect of conviction.

Mrs. Clwyd

To ask the Secretary of State for Employment if he will investigate the decision taken by the senior Birmingham inspector of the Health and Safety Executive not to prosecute the European African Trading Company for serious breaches of child labour legislation when requested to do so by the Birmingham education authority child employment department. [31715]

Mr. Oppenheim

In August 1994, staff of the Health and Safety Executive's west midlands area office investigated a complaint from Birmingham education authority child employment department about the employment of school-age children. Insufficient evidence was found to support that complaint.

Mrs. Clwyd

To ask the Secretary of State for Employment if he will detail the powers of entry available to investigating and enforcement officers of the Health and Safety Executive(a) in all cases and (b) in those cases with which involve school-age children. [31713]

Mr. Oppenheim

Section 20(2)(a) of the Health and Safety at Work etc. Act 1974 gives Health and Safety Executive inspectors the power to enter premises at any reasonable time, or at any time in a situation which is or may be dangerous, where there is reason to believe that it is necessary for the purpose of carrying into effect any of the relevant statutory provisions within the field of responsibility of the enforcing authority. That applies to all premises for which HSE is the enforcing authority.

Mrs. Clwyd

To ask the Secretary of State for Employment, pursuant to his answer of 22 June,Official Report, column 384, what assessment he has made of the adequacy of the current system whereby an employer may choose to report an accident at work involving a school-age child either to the Health and Safety Executive or to the local education authority. [31717]

Mr. Oppenheim

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 require employers to notify forthwith the appropriate enforcing authority, for the purposes of the Health and Safety at Work etc. Act 1974, in the event of an accident to any person of any age arising out of or in connection with work and resulting in a fatality or major injury. Accidents at work to employees of all ages resulting in an absence of more than three days must be reported within seven days.

Employers do not have a choice of enforcing authority. The enforcing authority will be either the Health and Safety Executive or the local authority for the area and is determined by the nature of the main activity undertaken on the site concerned, according to the provisions of the Health and Safety (Enforcing Authority) Regulations 1989.