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“Blitz” on health and safety burden

Thousands of health and safety regulations are set to be scrapped, in what the Government is calling a “red tape blitz.”

From April 2013, new binding rules on both the Health & Safety Executive and on local authorities, will exempt thousands of businesses from regular health & safety inspections.

In future, the Government says businesses will only face health and safety inspections if they are operating in higher risk areas such as construction, or if they have an incident or a track record of poor performance.

Further legislation will also be brought in to ensure businesses are only held liable for civil damages in health and safety cases if they can be shown to have acted negligently; ending the current situation where businesses can automatically be liable for damages.

The Institute of Occupational Safety and Health (IOSH) said the announcement was “misleading“, and the action represented a misunderstanding of the situation where exaggerated fear of being sued is “fed by aggressive marketing,” which the body says should be tackled.

Richard Jones, Head of Policy and Public Affairs at IOSH, said: “These sorts of announcements have been made before and it is very disappointing that everyone immediately starts pointing the finger at health and safety, which is always seen as an easy target.

“The talk of reducing around 3,000 regulations and at the same time focusing on health and safety is misleading. There are only 200 health and safety regulations in total, so any reduction in these will be a tiny percentage of the 3,000 and so far only 21 have been considered.”

Some 6,500 substantive regulations will be examined as part of the focus, and the Government is now committing to abolish or substantially reduce at least 3,000 of these regulations, which will be identified by December 2013.

Business Minister Michael Fallon said: “Today’s announcement injects fresh impetus into our drive to cut red tape. We have identified the red tape and now we are going to cut it.

’ We’re getting out of the way by bringing common sense back to health and safety. We will now be holding departments’ feet to the fire to ensure all unnecessary red tape is cut.”

Alexander Ehmann, Head of Regulatory Policy at the Institute of Directors said: “The Government’s efforts on deregulation are welcome. Today’s announcements are good news if they are the beginning, not the end of the deregulation story.

“Excessive regulation costs time and money, both of which businesses would rather spend on developing new products, hiring staff and building up British business both here and abroad. The IoD encourage Michael Fallon to turn up the heat on the removal of red tape and help to get Britain’s economy moving.

“Removing the headache of health and safety inspections for low-risk businesses is a step change. Scrapping unnecessary and unpredictable inspections is a valuable piece of deregulation and the Government are to be congratulated for taking such bold and decisive action on behalf of Britain’s businesses.”

The changes result from the Government’s ‘Red Tape Challenge’, and will complement employment tribunal reforms.

Dr Adam Marshall, Director of Policy at the British Chambers of Commerce (BCC): “Reducing the burden of health and safety red tape will be welcome news to many businesses, and is a win for common sense. The BCC has long argued for a risk-based approach to health and safety, with a less onerous regime for companies with low-risk workplaces.

“These measures mean that law-abiding, low-risk businesses can live without the constant threat of time-consuming and costly inspections. It’s a sensible change whose time has come.”

Katja Hall, CBI Chief Policy Director, said: “Businesses will be encouraged by this announcement. 

“Given that half of firms say health and safety checks are a burden, and they are disproportionately costly for smaller firms, freeing low-risk businesses from tick-box inspections makes obvious sense. Crucially, this will also focus inspectors’ time on the cases that really matter.”

Unions warned against cutting regulation, saying it could lead to more injuries and deaths as a result of poor safety.

TUC General Secretary, Brendan Barber, said: “Contrary to myths peddled by ministers, the UK is facing an occupational health epidemic. Over 20,000 people die every year as a result of a disease they got through their work and a further 1.9 million people are living with an illness caused by their work. 

“Some of the “low risk” workplaces identified by the government, such as shops, actually experience high levels of workplace injuries. This will only get worse if employers find it easier to ignore safety risks.

“This epidemic will only be stopped by ensuring that employers obey the law, and when every employer knows their workplace can be visited at any time.”

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Matt St John, Head of Health and Safety Services, C&C Consulting

Matt St John, Head of Health and Safety Services, C&C Consulting

The Government’s latest plans to remove regulated health and safety inspections from ‘low risk businesses’ could be perceived as a step back, when considering the potential implications from a Health & Safety viewpoint.

The health & safety hurdles faced by any business stem from an awareness and understanding of the legal requirements placed upon them. Currently, there are approximately 200 Health and Safety Regulations in force, therefore, a business could very easily fall foul of compliance in their industry without professional guidance/assistance.

To date regulated inspections are undertaken by local authorities, HSE inspectors, who have the right to enter any workplace without giving notice. On a normal inspection visit an inspector would expect to look at the workplace, the work activities, an employer’s management of health and safety, and to check that the business is complying with health and safety law. This type of inspection fits the proactive monitoring model which is intended to highlight shortfalls in the management of health and safety in the workplace before an incident occurs.

By exempting low risk businesses from these inspections, the door could be potentially opened to a reduction in legal compliance and a potential reduction in the effectiveness of hazard control measures within the company arising from this reduced professional proactive monitoring.

An additional driver to ensuring that systems remain effective arises from reporting accidents and incidents to the enforcing authorities, as this may initiate an enforcing authority investigation a result of which could see inspections of the workplace, introduced as compliance monitoring tool. These reporting requirements are also currently under review with the HSE and if reduced as is mooted, could compound the current health and safety implications. It is agreed that a low risk business operating within the legal framework for health and safety will save costs in time and resources generated by health and safety inspections, however, moving forward, if and when the enforcing authorities are required to intervene, costs could quickly escalate, especially with the planned implementation of the HSE Cost Recovery Scheme (Fee for Intervention) which will put a duty on HSE to recover its costs for carrying out its regulatory functions from those found to be in material breach of health and safety law.

Businesses should be aware that exemption to health & safety inspections will not exempt them from the legal duties to manage health and safety in the workplace. With current health and safety legislative requirements in such state of flux, ongoing, proactive monitoring, undertaken by a competent person within or on behalf of a business regardless of an external regulated influence, will remain key to ensure that systems remain legally compliant and that intervention from an enforcing authority is minimised.

Matt St John,
Head of Health and Safety Services
C&C Consulting
www.cctraining.uk.com

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