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Urgent Action Required As The Axeing Of Health And Safety Law Begins

The beginning of the end for Health and Safety at work protection is being ushered in as the the HSE embarks on a huge, and some will say pointless, consultation exercise as it follows Government instructions to review H&S law, with a view to abolishing up to 80% of it!

HSE proposes (CD241 - 25th June) that the ACoP should be replaced by structured guidance, including:

Health and safety made simple;
Revised guidance previously branded as ‘Essentials’;
Revised ‘Five steps to risk assessment’; and
Managing for health and safety (HSG65).

This ACoP provides explanation of the Regulations, and gives definitions and principles to be applied in complying with them.

Furthermore, ACoPs provide practical guidance on complying with the general duties of the Health and Safety at Work Act 1974, and whilst not being actual law in its own right, they do have a special legal status.

Compliance with the advice contained in the documents and implemented in the appropriate circumstances, ensures legal compliance.

This consultation exercise involves proposals to consolidate, or withdraw completely 15 Approved Codes of Practice (ACoPs) by the end of 2013, if not sooner. A further 15 ACoPs have been earmarked for minor revisions, or to be left untouched, for delivery in 2014.

The details:

Proposals to revise, consolidate or withdraw ACOPs

Proposals to make minor amendments or no changes to ACOPs

Introducing a limit on the length of ACOPs

HSE also proposes to withdraw the ACoP for the Management of Health and Safety at Work Regulations 1999 and replace it with a set of more specific, updated guidance. Two ACoPs – ‘L117 Rider-operated lift trucks: Operator training’ and ‘L130 The compilation of safety data sheets’ – will be revised, and/or withdrawal without consultation!

The consultation exercise meets a recommendation outlined by Professor Löfstedt, in his review of health and safety legislation, ‘Reclaiming Health and Safety For All’, for the HSE to review its 52 ACoPs by June this year. With 32 ACoPs considered in the initial consultation phase, the remaining 20 have not yet been reviewed, as they are subject to ongoing sector-specific consolidation exercises, or other regulatory amendments.

Sadly, it seems that IOSH’s Safety and Health Practitioner On-line Magazine gives a tentative welcome to the changes in its news item issued earlier this week:

“It is expected that this approach will provide comprehensive advice for businesses, particularly SMEs, and safety representatives on how to comply with the law in a way that is much more specific than the current ACoP.

In a further move aimed at improving simplification and understanding, the overall consultation process includes a proposal to limit all ACoP documents to a maximum length of 32 pages, other than in exceptional circumstances.”

However, a more realistic viewpoint comes from Hilda Palmer of Greater Manchester Hazards. Writing on her FaceBook page she said of the review:

Hilda Palmer"HSE already reviewing all guidance and just released consultation on ACoPs including plan to replace the ACoP to the Management Regs with guidance. ACoPs have some legal status; guidance is far, far weaker. This is all very serious. HSE's consultation docs typically mendacious with fictitious flawed Impact Assessments and bizarre assumptions. This consultation, following the plan to revoke 14 regs (that closes on 4th July) is changing the whole architecture of H&S regs, and when it states no problems removing this bit as that bit will protect - but hang on THAT bit is also up for review! Threatens to bring whole house down like dodgy builders each demolishing the wall others are telling you will hold the house up!"

Derek MaylorDerek Maylor, Chair of the NW BTU Health & Safety Co-ord commented:

" This will ultimately mean the 'dumbing down' of ACOPS. Taken together with the massive cuts to the HSE budget, the withdrawal of HSE inspections from the majority of workplaces, and further slashing of existing health and safety law; it is clear that the American culture of no health and safety enforcement and the allowing of deaths and injuries to take place before inspections and remedial action is taken, is being implemented by this Tory-led coalition government."

He concluded by saying:

" The co-ord will involve itself in this consultation process and urges all other health and safety co-ords in the CWU around the country to do the same. Whilst we oppose totally all of the sweeping abolition of H&S law this government is committed to doing, we must also be involved in all consultation processes in order to try to minimise the damage being done to the protection of the UK's working people."

Union Safety Reps will no doubt wish to involve themselves in the consultation exercise and so should go to this page of the HSE website to get the relevant documentation and consultation exercise details.

This consultation ends on 14 September 2012

Source: HSE / SHP Online / GM Hazards Campaign

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