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With the release this month of Professor Radnor Löfstedt's report entitled, 'Reclaiming health and safety for all: a review of progress one year on.', comes the further endorsement and support for working with the European Health and Safety legislator and confirmation that the UK government is in fact, going further than he intended in his original report.
In the foreword to the report, Professor Löfstedt says: "Overall, as described in my attached assessment, I have found that good progress is being made in delivering my recommendations and I believe there is already some evidence that the perception of health and safety is changing. I am confident that the ongoing work, together with the wider programme of reforms, will help ensure that health and safety is not seen as an unnecessary bureaucratic burden but as a proportionate and risk-based system that helps businesses comply with their duties and ensures that employees are protected from the real risks to their health and safety." Commenting upon his experience of attending numerous meetings up and down the country with Trade Unions, businesses representatives, professional organisations and trade associations, and the concerns raised that the government's changes to health and safety enforcement will result in more deaths and injuries at work; he said: "It was never my intention that any of my recommendations should put workers or the public at risk. My aim was to identify a suite of reforms that would deliver a simplified health and safety legislative framework that is evidence-based and risk-based and to ensure that it is applied in a fairer and more consistent way. This in turn should help businesses and employees to understand more easily what they need to do to keep workplaces safe." Professor Löfstedt does express some concern for the Government's implementation of his recommendations in his original review of Health and Safety document, but stepped back from true criticism of the Tory-led coalitions onslaught on existing health and safety legislation.
"The Budget statement in March 2012 included a commitment to scrap or improve 84% of health and safety regulation. I was initially concerned by this, as I know were a number of stakeholders, but I am reassured that the figure includes improvements to regulations, revisions to associated ACoPs, improvements to guidance and new web-based tools in addition to the revocations and consolidations already discussed. He does make a very diplomatic and in some sense, a hidden criticism of the Government's approach to the question of strict liability of employers for the health safety and welfare of their employees: "An amendment to the Enterprise and Regulatory Reform Bill 2012-13 is being used by the Government to deliver the recommendation on strict liability45. The amendment has proved to be highly controversial and has provoked much debate, including amongst the members of my Advisory Panel. I have also been lobbied by many interested stakeholders including personal injury law firms and trades unions. My understanding is that the proposed amendment to the Health and Safety at Work Act reverses the current position on civil liability. This means that, unless exceptions apply, claims for compensation in relation to breaches of health and safety legislation will need to prove that the employer has been negligent. The approach being taken is more far-reaching than I anticipated in my recommendation46 and, if this amendment becomes law I hope that the Government will carefully monitor the impact to ensure that there are no unforeseen consequences." Commenting on the Professor's report, Derek Maylor, Chair of the NW BT Unions Health and Safety Co-ord told Unionsafety: "Professor Löfstedt's progresses report was welcome and so were many of his overall comments, particularly the evidence that overall perception of health and safety is changing. We also like the repeated aim of everything being evidenced based and will consider that again in our approach to his next review in 12 months time.
There were some clear duplication of regulations highlighted by the Professor and we agree that any removal or consolidation must be done ensuring the it is not weakened nor the perception of its importance is not lessened, as such we welcome his caution on consolidation." He continued by saying: "We know that there is widespread concern on the National Local Authority Enforcement Code and we are currently looking at the HSE consultation on it. From the HSE figures quoted there has already been a reduction of 86% in unannounced LA inspections since 2009/20. We have mentioned many times on this website the value of Europe and EU wide health and safety and the Professor repeats his support in his review, of course we will look to engage." Derek concluded: "Finally, the Professor notes that some of his recommendations are being implemented with more gusto than he intended which he will monitor. Overall the review is welcome and he is by nature optimistic, more than many of us who are concerned about the speed and intent of change. We wish Professor Löfstedt well on his sabbatical." You can download Professor Löfstedt's review by clicking on the cover pic above. Source: DWP / Professor Löfstedt / Derek Maylor |
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His report looking at the changes made so far to health and safety practice in this country, promises to be followed by a further review in 12 months time. 
