Previous health and safety practice attracts Crown Censure

The Centre for Environment, Fisheries and Aquaculture Science (Cefas) in Suffolk has accepted a Crown Censure for health and safety breaches. A Crown Censure is the equivalent of a prosecution for a government body.

Investigations by the Health and Safety Executive (HSE) in October 2007 at the Cefas laboratory in Pakefield Road, Lowestoft identified failings in the assessment and control of substances hazardous to health for known carcinogenic substances, including a failure to maintain control measures. Inspectors also identified that Cefas had failed to provide sufficient health surveillance between 2005 and 2006.

These failings breached Regulations 6, 7(5)(c), 9 and 11 of the Control of Substances Hazardous to Health Regulations 2002 (as amended).  The failings have since been remedied.

The Censure was accepted on the basis that while the investigation identified failings in the management and control on hazardous substances there was no evidence of harm to any employee, nor was there evidence of a defined, identified risk.

Richard Judge, Cefas' Chief Executive said: "We take health and safety very seriously. Nonetheless, four breaches of COSHH regulations were identified and these are regrettable. 

"We have worked closely with the HSE to address specific issues raised as a consequence of their investigations. There have been investments to improve plant and equipment, a strengthening of health and safety practices more generally, and recruitment to reinforce our capability in this important area. 

"We are grateful to our staff for their energy and support in helping us respond to the HSE's findings. There have been positive outcomes from this experience."

The HSE acknowledged many mitigating features, including a good health and safety record, Cefas' responsible approach to health and safety, and that Cefas had a comprehensive safety management system in place.

Cefas complied fully, and within the accepted timeframes, to deal with the concerns highlighted by the HSE. In recent visits by the HSE to Cefas, they have confirmed that the improvements have been sustained and extended.

Notes to editors

1. While the provisions of the Health and Safety at Work etc Act 1974 apply to Crown bodies, including departments and agencies, Crown immunity means such bodies are excluded from the provisions for statutory enforcement, including prosecution and penalties. Cabinet Office Personnel Information Note 45 (PIN 45), which deals with the enforcement procedures for Crown bodies, including Crown Censures, can be found on HSE's website at: http://www.hse.gov.uk/foi/internalops/sectors/public/7_01_34.pdf
2. Cefas has made substantial improvements, including strengthening controls and procedures relating to the use of fume cupboards, encouraging and enabling regular communication between contractors and staff regarding the maintenance of laboratory equipment, addressing housekeeping issues and protocols, and instigating a more formalised process to improve staff awareness of the possible health effects of the chemicals being handled. A strong health and safety culture is embedded in the agency, and Cefas reviews its H&S action plans as part of its routine business practice.