Lord Young’s long-awaited report into health & safety has generally received a warm welcome from industry & safety practitioners alike.
Entitled “Common Sense, Common Safety”, the report follows David Cameron’s election promise to address the public perception that health & safety rules are stifling commerce and activities such as School outings, as well as tackling the growing “Compensation Culture” that has fostered the belief that someone should be held personally responsible & accountable for every accident.
The report makes a number of recommendations, all of which have been embraced by the Government, including:
A simplified claims procedure for personal injury cases and restrictions upon personal injury lawyers & their advertising,
Simplified risk assessment procedures & guidance for “Low Risk” workplaces, such as offices, shops & classrooms,
Exemptions for employers from carrying out risk assessments for working from home in a low hazard environment.
Professional accreditation for Health & Safety Consultants, with the requirement to hold a higher level, degree equivalent qualification, with a minimum of two years’ post-qualification experience and mandatory continuing professional development.
The cessation of insurers from requiring external risk assessments before providing cover.
Simplification of the process that schools and similar organisations undertake before taking children on trips, with a single consent form covering all activities a child might undertake.
The provision of a route of redress for organisers who feel that local authorities have imposed unreasonable conditions for public events such as carnivals & street fayres.
Consolidation of existing health & safety regulations into a single set of regulations,.
Revisions to RIDDOR, including extending the period of injury for reporting from 3 days to 7.
Combining food & safety inspectors in local authorities, with a greater emphasis on a ratings scoring system.
Removal of the risk of prosecution for Police Officers & Firefighters when placing themselves at risk during the course of their duties.
Abolition of the Adventure Activities Licencing Authority.
Lord Young has agreed to work with all necessary Government departments to ensure that his recommendations are followed through.
Essential Safety Comment:
In principle, we agree with the sentiment of Lord Young’s report and support the principle of sensible risk management.
We are cautious about the use of the phrase “Common Sense”. After all, one thing we do know about common sense, is that it is not common! One person’s perception of what constitutes a reasonable risk can vary dramatically from another’s.
Our concern is that some employers will use “common sense” to justify to themselves and others, practices & procedures that are anything but safe & sensible, and we await with interest guidance & case law judgements indicating what the Courts will consider “reasonable” under this revised approach.
It is also interesting to note that, although the report talks about “consolidation”, there is no mention of repeal of any existing health & safety legislation. So employers’ statutory duties will essentially remain unaffected, even if interpretation may change.
Our Clients will be aware that Essential Safety has long advocated a sensible & proportional attitude to the management of safety, and we see the majority of Lord Young’s report as vindication of that approach.
We will continue to advise Clients, both new & existing, in a proportional & responsible manner, and will of course keep you updated as Lord Young’s recommendations are implemented.
