Health And Safety Regulations Scrapped Ahead Of The Löfstedt Review Report
The majority are under the illusion that no health and safety regulations will be scrapped prior to the review currently being completed by Professor Ragnor Löfstedt.
Yet with the call for evidence to that review only having just been closed 29th July, already health and safety regulations appropriate to the retail industry have been scrapped. The government's Red Tape Challenge exercise being the catalyst to premature scrapping of legislation and regulation.
This is a perfect example of scrapping for the sake of it based on a simplistic and uneducated view of health and safety, purpotrated by those with a political agenda.
As a result, safety regulations to protect children in prams and pushchairs, along with safety regulations dealing with children’s bunk beds are being replaced by The General Product Safety Regulations 2005.
On the face of it, this appears sensible until you take a look at the detail of the scrapped regulation and what is replacing them: one paragraph!
The Wheeled Child Conveyances (Safety) Regulations 1997 provides details of safety standards required in the design and manufacturer of wheelchairs and pushchairs:
Requirements for wheeled child conveyances
3.—(1) Subject to paragraph (2) below, no person shall supply any wheeled child conveyance which does not conform to BS 7409.
(2) Paragraph (1) above shall not prohibit the supply before 1st January 1999 of—
(a)any perambulator which does not conform to BS 7409 but which complies with the requirements of paragraph (3) below; or
(b)any pushchair which does not conform to BS 7409 but which conforms to BS 4792.
(3) The requirements for perambulators referred to in paragraph (2)(a) above are that—
(a)a perambulator shall have a parking device which complies with the requirements of clause 3.3 of BS 4139 when tested in accordance with Appendix D thereof;
(b)a perambulator shall comply with the requirements for stability contained in clause 3.4 of BS 4139 when tested in accordance with Appendix E thereof;
(c)a perambulator shall have harness anchorage points which comply with the requirements of clause 3.6 of BS 4139 when tested in accordance with Appendix A thereof; and
(d)a perambulator having a folding chassis shall have a main locking device and an additional safety device, the actions of which shall be such that, if either is operated independently when the perambulator contains a test dummy constructed to the specifications set out in Appendix F to BS 4139, the degree of folding of the perambulator which occurs does not cause or permit movement of the handle to such an extent that its uppermost part passes over the seat of the perambulator.
These safety standards are now scrapped and replaced with one single paragraph in the General Product Safety Regulations 2005:
General safety requirement
5.—(1) No producer shall place a product on the market unless the product is a safe product.(2) No producer shall offer or agree to place a product on the market or expose or possess a product for placing on the market unless the product is a safe product.(3) No producer shall offer or agree to supply a product or expose or possess a product for supply unless the product is a safe product.(4) No producer shall supply a product unless the product is a safe product.
No standards for design and production other than it must be safe!
Given that these regulations quote British Safety Standards, and that there is no mention of these standards in the General Product Safety Regulations 2005; one can be forgiven for thinking that the Government is also undermining British Standards as a measure of quality and safety.
It is the same story when it comes to Bunk Beds (Entrapment Hazards) (Safety) Regulations 1987. The guidance for the safe design and manufacture of bunk beds is scrapped and replaced with one single premise; they should be safe!
There are concerns that this will lead to an import of cheap and unsafe items, which will be allowed into the UK simply because the manufactures says they are safe. With no guidelines as to what is meant by 'safe', injuries to the buying public and their children may very well end up increasing.
The excuse being given of course is that these regulations are a burden to the retail industry and are merely duplicates of the General Product Safety Regulations 2005 and that these single set of regulations covers completely those beign scrapped! Taking a look at them, one would be forgiven for responding WHAT??
With regard to enforcement, this falls on local authorities who are already drastically reducing their trading standards officers. Given the now lack of guidelines for the design and production of the items previously covered by regulation, and the lack of local authority resources, we may be looking at the production and sale of unsafe products, risking injury to children.
Retail safety regulations being scrapped:
- Pyrotechnic Articles (Safety) Regulations 2010. These ban sales to the public of certain types of firework and age restrict sales. They include a ban on the sale of Christmas Crackers to children under 16. The Government is reducing the age that Christmas Crackers can be bought to 12 - the lowest age that EU regulations allow.
- Imitation Dummies (Safety) Regulations 1993. These prohibit the supply of goods which could be mistaken as dummies for babies. These are being scrapped as it is duplication and consumers are already protected by the General Product Safety Regulations.
- Bunk Beds (Entrapment Hazards) (Safety) Regulations 1987. Aims to ensure that bunk beds do not pose a safety risk, we are scrapping this regulation as it is duplication and consumers are already protected by the General Product Safety Regulations.
- Wheeled Child Conveyances (Safety) Regulations 1997. Outlines standards for prams and pushchairs. We are scrapping this regulation as it is duplication and consumers are already protected by the.
It remains to be seen whether or not the Coalition Government takes the same tack when it comes to health & safety regulations, once the current round of Red Tape Challenge is completed later this month, and applies a simpletons criteria to legislation and scraps them without recourse to those who are educated in the health and safety field as oposed to civil servants with no knowledge whatsoever.
BIS announcement regarding scrapping of retail safety legislation here
Source: BIS news release / legislation.gov
