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Health and Safety Executive
Health and Safety Executive
Reform of UK
Occupational Health and
Safety Regulation
Mike Cross
3 June 2014
Reform is reality: use it wisely
“You can’t expect to meet the challenges of today with yesterday’s tools and expect to be in business tomorrow”
Anon
“To improve is to change, to be perfect is to change often”
Winston Churchill
200 years of reform in the UK
Changing UK Industrial Revolution 1760 – 1840
Mechanised production widespread
Industry develops new processes
Flixborough disaster 1974
Revitalising health and safety 1997
Business law reform 2000 onwards
Deregulation initiatives 2009 onwards
Changing Health and Safety Health and Morals of Apprentices Act 1802
Factories Act 1833 – first factory inspectors
Regulations added to deal with new risks
Health and Safety at Work Act 1974
HSE’s FiT3 Programme 2000 - 2010
Hampton Review 2005
Lord Young and Loftstedt reviews 2008 - 2009
Changing world of work
Changing health and safety
Changing perceptions
UK Government Business Reform Agenda
• Reducing Regulations for small business
• Reviewing the effectiveness of Regulations
• Using alternatives to Regulations
• Assessing new Regulations
• Operating a “one in, two out” rule for business Regulations
• Improving the enforcement of government Regulations
• Reducing the impact of EU Regulations on UK business
ALONG WITH
Large cuts to departmental budgets
to bring down the deficit
Rigorous scrutiny
Red Tape Challenge
Common Sense, Common Safety
LoftstedtReview
Triennial Review
Common Sense, Common Safety
Key recommendations:• Tackling the compensation culture
• Simplifying risk assessments for small businesses
• Ensuring health and safety consultants offer sound, professional advice
• Reducing bureaucracy for school trips
• Providing a means to challenge regulators’ decisions
• Amend incident reporting requirements
Loftstedt Review
Key recommendations:• Exempt those self-employed who
pose no risk of harm to others
• Review all Approved Codes of Practice
• Undertake consolidation of sector-specific Regulations
• Provide HSE with the ability to direct Local Authorities to ensure they focus on higher risk activities
• Remove strict liability for breaches of health and safety laws
Government reform progress - OSHCR
“Good health and safety, good for everyone”
• Create a register for occupational health and safety consultants
• Significantly reduce the number of inspections and target only high risk industries
• Introduce a cost recovery scheme
• Review all health and safety Regulations
• Provide simple help for small firms
Progress with reform - OSHCR
Occupational Safety and Health Consultants Register (OSHCR) in operation:– register of consultants who have
reached a certain standard– self-funding by a levy on members of
the register– organisations seeking assistance can
now easily find a OSHCR-registered consultant in their area or specialising in their sector
Inspections:• In HSE reduced by 33% (to
22,000 annually) and in LAs by a similar amount
• Sector strategies used to determine those industries which should be inspected
• Only high risk industries targeted, e.g. construction, heavy manufacturing, quarries but many lower risk sectors not inspected
• LAs now bound by national Code ensuring they apply same principles
Progress with reform - inspections
Progress with reform – cost recovery
Fees for Intervention scheme in operation:– Based on the principle that those who are complying with the law will
have nothing to pay– However, when a dutyholder is found in material breach of the law
they pay for the time it takes the inspector to ensure risks are under control
– Generating £10m annually (and rising)– Robust appeals system in place
Progress with reform – review of Regulations and ACoPs
Reviews on track to deliver:– 85% of health and safety
regulations either revoked, revised or consolidated with other regulations
– Of 30 ACoPs to be reviewed – 16 completed leading to 4 revised, 3 withdrawn and 9 consolidated in to 3
Progress with reform – help for small firms
Action to help small firms includes:– Legislation going through Parliament to
exempt from health and safety law 2 million self-employed who create no risk of harm to others
– Web-based guidance now available:
• Health and Safety Made Simple - http://www.hse.gov.uk/simple-health-safety/index.htm
• Health and Safety Toolbox - http://www.hse.gov.uk/toolbox/index.htm
Progress – other initiatives
• Independent Regulatory Challenge Panel – hardly any cases
• Mythbusters Challenge Panel – nearly 300 reports of cases where health and safety has been misused investigated by independent panel
• Myth busters media campaign - taking a light-hearted view of health and safety myths
• Review of compliance with the Regulators Code including the Growth Duty
And there’s more…….
• Focus on Enforcement:– Chemicals– Small food production companies– Volunteering
• Business Focus on Enforcement– Industry-led panels to review regulation– Targeted at trade associations and business groups
• General Election in 2015 means ?????
Questions ???????????