
The
Löfstedt's report was published in November 2011 and whilst you may be thinking - not
another hefty Government report on Health and Safety – there may some outcomes
that will benefit your business……so read on!
Professor
Lofstedt was requested to look at opportunities for reducing the burden of health and safety legislation on
UK businesses and part of this involved reviewing 200
or so health and safety regulations and the 53 Approved Codes of Practice
(ACoPs) owned by the Health and Safety Executive (HSE).
The over-riding
conclusion from the review was that there is no case for making major changes
to current health and safety legislation. The existing regulations place
responsibilities primarily on those who create the risks, and recognise that
they are best placed to decide how to control them. The review showed there is
evidence to suggest that proportionate risk management can make good business
sense.
It is clear
throughout the report that a future risk-based approach is favoured rather than
a hazard-based approach. This will help to ensure that all key elements of the
regulatory and legal system are better targeted towards risk and support the
proper management of health and safety instead trying to cover every possible
risk and accumulating paperwork.
Some of the key
recommendations coming out of the review are as follows:
- The HSE should direct all local authority health and safety inspection and enforcement activity in order to ensure it is consistent and that it is targeted towards the most risky workplaces.
- The Government should work more closely with the EU to ensure that both new and existing legislation is risk-based and evidence-based.
- A number of regulations are to be reviewed and clarified including Health and Safety (First Aid) Regulations 1981, Work at Height Regulations 2005, Electricity at Work Regulations 1989, Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). This will identify the burdens that are being imposed on businesses which do not bring any significant benefit to health and safety. There is also to be a consolidation of some sector-specific regulations which will reduce the number of regulations by about 35%.
- The HSE should reviews all of its ACoPs and the initial phase of this should be completed by June 2012.
- The term ‘So far as is reasonably practicable’ is commonly seen in health and safety legislation. The concept gives employers flexibility to manage risks in a proportionate way and recognises that hazards cannot be eliminated altogether. It is recommended that the HSE should continue to help businesses understand what is reasonably practicable for specific activities.
- Those who are self-employed and whose work activities pose no potential risk of harm to others should be exempt from health and safety law.







