Grayling Publishes Progress Report On The Destruction Of Workplace Health And Safety Law

The Department for Work and Pensions (DWP) has published a progress report on its implementation of the recommendations from the Löfstedt and Lord Young reviews into the UK’s health and safety regulatory system. The report details the completed, ongoing, and forthcoming actions taken in the six areas for reform identified by Löfstedt and the 35 recommendations made in Lord Young of Graffham’s 'Common Sense, Common Safety' report.

Speaking to a gathering of representatives from some of the country’s main trade and industry bodies in London on 18th June, claimed that the Government’s so-called reform of the UKs Health and Safety Laws was being done to help businesses understand and comply with their health and safety duties.

The report was later published in its 2nd version on 25th June, but has only just become available to Unionsafety via the CWU, following the latest letter to branches from the Union’s National Health, Safety & Environment Officer; Dave Joyce.

In LTB536/12 Dave writes:

The CWU is strongly opposed to the Government’s simplistic approach to health and safety, in particular the manifestly dangerous and offensive assumptions being made that some workplaces are “low risk”, such as in the Communications Industry, transport, haulage and docks.

The continual tirade of statements that health and safety regulation is a “burden on business” have not be borne out by the evidence or their own commissioned Löfstedt Review of health and safety in the UK. That report did not make any specific recommendation to revoke the Regulations now proposed for removal.The UK Government’s views on health and safety red tape are misleading.

Some of the Regulations being revoked may make dangerous industries even worse. The best way is to prevent the negligence which causes death and injury by retaining regulatory protections and enforcing them as a voluntary approach does not work.

Referring to the fact that the report details progress on the implementation of both Löfstedt and Youngs' recommendations on health and safety law, the LTB continues:

Of Löfstedt’s 'Reclaiming Health and Safety For All' Report' recommendations only a handful have so far been introduced, i.e. new PAT testing guidance, Challenge Panel introduced,  HSE evaluating of the Construction (Design and Management) Regulations 2007 and researching consolidation of safety regulations.

Consultations are in the pipeline and target dates for the remaining proposals are set for 2013 and 2014.

In the 18 months following publication of 'Common Sense, Common Safety', 18 of 35 of the recommendations have been implemented, with most of the remaining recommendations requiring primary legislation due in the next session of Parliament.

Employment and Health and Safety Minister Chris Grayling launched the report and defended the Government’s stance and language used when discussing health and safety, saying:

“It is an inescapable fact that there is a big burden out there that is unnecessary and has to go. By the end of the process in 2014, 50% of health and safety regulations will either have been reviewed, revoked or improved, leaving the UK with a simpler, more effective regulatory framework.

Action to implement the Löfstedt recommendations and the wider 'Red Tape Challenge' commitments announced in the Budget , is progressing well " Grayling declared and went on to add."

This report highlights revisions to regulations and guidance that have taken place in the previous two years including the extension of the reporting period under RIDDOR from 3 to 7 days, establishment of the 'challenge and myth buster panels' to address incorrect or overzealous application of Health and Safety legislation, revision of the CDM Regulations 2007, reissue of PAT Testing Guidance and before the end of the year the First Aid Regulations will be changed.”

The government has pledged that it will reduce the total number of regulations businesses have to comply with by 84 per cent by 2014 and this appears to be the driving force rather than any proposed changes being justified or being evidence based.

As Union Safety Reps know, the Prime Minister has repeatedly attacked what he calls the UK's "excessive health and safety culture". Further, in January this year David Cameron declared in a speech that one of the coalition government's New Year resolutions was "to kill off the health and safety culture for good."

These statements are irresponsible and dangerous Dave writes in his LTB, which continues by referring to the HSE:

The HSE are issuing a number of consultation documents with proposals arising from Government Reports, removing or reducing protection for workers. The CWU believes and has told the HSE it should immediately review its approach to deregulation and consult the European Commission as the replacement of Regulations with guidance may be in breach European Union law. The HSE should be running major campaigns aimed at Health and Safety Law ensuring compliance, backed up by a strong inspection and enforcement strategy.

The CWU is very concerned about the consultation process itself and whether the HSE is breaching its own consultation code, not being clear about the scope and impact, what is being proposed, the scope to influence and the expected costs and benefits of the proposals.

The LTB concludes:  

We will continue to challenge the government’s excesses and respond to any unreasonable and unacceptable proposals.

You can download a copy of the 22 page DWP 'Progress Report on the Implementation of Health and Safety Reforms' dated June 2012 from the E-Library Database, by selecting the category ‘Government Reports’.

Source: CWU

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