Written Question · S5W-14500 · Session 5
How many health and safety breaches were recorded in each Forestry Commission Scotland region between January and March 2017, broken down b…
The question
To ask the Scottish Government how many health and safety breaches were recorded in each Forestry Commission Scotland region between January and March 2017, broken down by grade of incident, and whether those found responsible for such breaches must disclose this when taking part in future procurement exercises.
The answer
Both Forestry Commission Scotland (FCS) and Forest Enterprise Scotland (FES) treat all incidents and accidents very seriously and therefore the details in this response are not restricted to those required under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) cases.
An accident is an event that results in injury or ill health whilst a H&S incident can fall into a range of categories including:
Near miss –that has the potential to cause injury or ill health but did not;
Undesired circumstance – a set of conditions or circumstances that have the potential to cause injury or ill health;
Damage or loss to property, plant, materials or the environment; and
Dangerous occurrence: one of a number of specific, reportable adverse events, as defined in the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
In addition, health and safety breaches associated with the delivery of contracts are subject to a Red, Amber, Green (RAG) rating as part of FES’s and FCS’s management of contracts.
The following definitions are used for each category:
RED Condition: Unsafe acts or conditions that are immediately life-threatening or imminently damaging to the environment and place the contract in a RED condition for health and safety.
AMBER Condition: Unsafe acts or conditions that are potentially life- threatening not meeting an industry safety standard, or potentially damaging to the environment place a contract in an Amber condition for health and safety.
GREEN Condition: Safety Considerations, industry standards and environmental protection measures are good.
Currently, those responsible for health and safety breaches are not required to disclose this information in future procurement exercises. This is because FES and FCS are restricted on the information that they can assess within the European Single Procurement Document (ESPD) that would lead to a bidder being excluded.
FES and FCS do seek information on the health and safety processes of bidders and an evaluation of these processes is undertaken. However unless a bidder has had a prior contract terminated in respect of a breach of terms and conditions (health and safety or otherwise), or if a health and safety breach has resulted in a criminal conviction; it would be very difficult for FES or FCS to exclude the bidder. Specifically, when assessing a bidder’s suitability, a bidder could not be ‘failed’ on the sole basis of it having received a prior health & safety enforcement notice.
Table 1: Number of Incidents and Accidents in Forest Enterprise Scotland between January and March 2017
Grampian
South Scotland
Argyll & Lochaber
Central
Highland
Total No of Recorded H&S Occurrences
12
25
17
60
27
Red Grade Contract H&S Breaches
1
4
2
2
2
Amber Grade Contract H&S Breaches
1
8
1
4
1
Member of Public Accident
Injury sustained
0
0
2
5
1
Staff Accident
Injury Sustained
1
7
0
7
2
Contractor Accident
Injury sustained
0
1
0
0
0
Table 2: Number Health and Safety breaches in Forest Commission
Conservancies between January and March 2017
Central Scotland Conservancy
Perth & Argyll Conservancy
Total No of Recorded H&S Occurrences
2
0
Red Grade Contract H&S Breaches
0
0
Amber Grade Contract H&S Breaches
0
0
Member of Public accident Injury sustained
0
0
Staff Accident Injury sustained
1
1
Contractor Accident Injury sustained
0
0
Only two Conservancies have any date for this specific time period.
An accident is an event that results in injury or ill health whilst a H&S incident can fall into a range of categories including:
Near miss –that has the potential to cause injury or ill health but did not;
Undesired circumstance – a set of conditions or circumstances that have the potential to cause injury or ill health;
Damage or loss to property, plant, materials or the environment; and
Dangerous occurrence: one of a number of specific, reportable adverse events, as defined in the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
In addition, health and safety breaches associated with the delivery of contracts are subject to a Red, Amber, Green (RAG) rating as part of FES’s and FCS’s management of contracts.
The following definitions are used for each category:
RED Condition: Unsafe acts or conditions that are immediately life-threatening or imminently damaging to the environment and place the contract in a RED condition for health and safety.
AMBER Condition: Unsafe acts or conditions that are potentially life- threatening not meeting an industry safety standard, or potentially damaging to the environment place a contract in an Amber condition for health and safety.
GREEN Condition: Safety Considerations, industry standards and environmental protection measures are good.
Currently, those responsible for health and safety breaches are not required to disclose this information in future procurement exercises. This is because FES and FCS are restricted on the information that they can assess within the European Single Procurement Document (ESPD) that would lead to a bidder being excluded.
FES and FCS do seek information on the health and safety processes of bidders and an evaluation of these processes is undertaken. However unless a bidder has had a prior contract terminated in respect of a breach of terms and conditions (health and safety or otherwise), or if a health and safety breach has resulted in a criminal conviction; it would be very difficult for FES or FCS to exclude the bidder. Specifically, when assessing a bidder’s suitability, a bidder could not be ‘failed’ on the sole basis of it having received a prior health & safety enforcement notice.
Table 1: Number of Incidents and Accidents in Forest Enterprise Scotland between January and March 2017
Grampian
South Scotland
Argyll & Lochaber
Central
Highland
Total No of Recorded H&S Occurrences
12
25
17
60
27
Red Grade Contract H&S Breaches
1
4
2
2
2
Amber Grade Contract H&S Breaches
1
8
1
4
1
Member of Public Accident
Injury sustained
0
0
2
5
1
Staff Accident
Injury Sustained
1
7
0
7
2
Contractor Accident
Injury sustained
0
1
0
0
0
Table 2: Number Health and Safety breaches in Forest Commission
Conservancies between January and March 2017
Central Scotland Conservancy
Perth & Argyll Conservancy
Total No of Recorded H&S Occurrences
2
0
Red Grade Contract H&S Breaches
0
0
Amber Grade Contract H&S Breaches
0
0
Member of Public accident Injury sustained
0
0
Staff Accident Injury sustained
1
1
Contractor Accident Injury sustained
0
0
Only two Conservancies have any date for this specific time period.
In the Official Report
No contribution in the Official Report cites S5W-14500 by reference.