Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Paul B  
#1 Posted : 21 March 2011 14:54:35(UTC)
Rank: Forum user
Paul B

If the following report is implimented,Will this mean a return to pre 1974 working conditions and the loss of many health and safety jobs?



"All health and safety laws in the UK will be subject to a review, in a government bid to cut back 'red tape'.

Any laws that put an "unnecessary" burden on business will be scrapped.

Employment minister Chris Grayling told a conference in London that Britain's health and safety culture is "stifling business" and prohibiting growth.

"The purpose of health and safety regulation is to protect people at work and rightly so, but we need common sense at the heart of the system, and these measures will help root out the needless burden of bureaucracy," he said.

"This will help us make Britain a more growth focused, entrepreneurial nation. By reducing unnecessary red tape we can encourage businesses to come and invest in the UK, creating jobs and opportunities when we need them most."

Britain's health and safety rules have become a much-touted symbol of unnecessary bureaucracy over recent years.

Under the new strategy, responsible employers will no longer face automatic health and safety inspections, cutting the number of inspections in the UK by at least a third.

Instead, high risk locations, such as major energy sites or rogue employers, will be targeted.

There will be an approved list of health and safety consultants to stop "cowboy" consultants conducting inspections.

Unions said the health and safety cutbacks were an attack on workers' rights.

Brendan Barber, TUC general secretary, said the plans would increase workplace deaths and injuries.

"Employers need to know that there is the possibility of a safety inspector visiting, otherwise there will be no incentive for them to ensure they are protecting their workers," he said.

"Removing proactive inspections from a large number of workplaces mean that employers can get away with ignoring the law until they kill or seriously injure someone."

Professor Ragnar E Lofstedt of King's College London will chair the review, which will publish its findings this autumn". Paul

Ron Hunter  
#2 Posted : 21 March 2011 15:16:36(UTC)
Rank: Super forum user
Ron Hunter

Polictical posturing. What the UK can do unilaterally is very limited if we don't wish to fall foul of EC Courts.
Fraser38932  
#3 Posted : 21 March 2011 15:16:53(UTC)
Rank: Forum user
Fraser38932


Hmm

I think there will be a lot more privatisation of public sector which actually might mean more work for the self employed health and safety consultant rather than less in my opinion.

I think there will be a cut back of HSE visits to low risk areas ( and perhaps this is happening in the local goverenment sector in terms of EHO Visits to businesses).

John.

A Kurdziel  
#4 Posted : 21 March 2011 15:23:43(UTC)
Rank: Super forum user
A Kurdziel

The thing that will I think cause most problems is cost recovery. HSE inspectors will be obliged to make money out of any visits they make. We are told that businesses that get a clean bill of health will not be charged but I suspect that means inspectors will be expected to go digging for breaches (no matter how minor) to generate income.
I have been told that the current HSE policy is only to prosecute for real breaches not just technical ones- the HSE would only prosecute for failure to produce a ‘suitable and sufficient risk assessment’ if that leads to an actual or likely injury. Now, the temptation might be to say ‘Sorry your risk assessments are no good and here’s an improvement notice and an invoice for £1000’.
So instead of a ‘common sense approach’ to H&S which we currently have, it will be full of the sort of nitpicking that Lord Young was promising to get rid of.
The Law of Unforeseen Consequences
Steve e ashton  
#5 Posted : 21 March 2011 15:42:26(UTC)
Rank: Super forum user
Steve e ashton

Just spent the past hour reading this tosh.

I still can't decide if it is breathtakingly revolutionary or breathtakingly ignorant. I suspect (very strongly) the latter. People who told Lord Young what to write are now writing it themselves because he wasn't straight enough!

We can only hope that Ragnar Lofstedt will be able to maintain some academic independence in his review.

Steve
John M  
#6 Posted : 21 March 2011 15:56:42(UTC)
Rank: Super forum user
John M

“IOSH welcomes moves to drive out any rogues from health and safety consultancy – and has been calling for Government support on this for some years. We’re pleased to have been involved in the development of OSHCR and to see it go live today.

More hyperbole! No mention of the mechanisms proposed to achieve this objective.

I despair at IOSH!

Jon

SteveL  
#7 Posted : 21 March 2011 15:59:03(UTC)
Rank: Super forum user
SteveL

A Personnel view, H&S should be about the protection of persons at work. The fact that the HSE has been reduced, will not IMO, result in a return to pre 1974.
H&S does need to clean up its act. The whole point of H&S should be about controlling risk, not risk aversion as wanted by insurance companies or the unions.
If the in house/ consultant inspections and controls are proportionate to the risk then there is no reason for the increase that the unions are predicting.
The way I see it is an injured workforce means no work for me. No profit within the company due to excessive controls means no work for anybody, as there is now no company.
The HSE may have been reduced but it will still be available for any person to call.
One good thing about this may be that the government actually stand up against the EU and remove the gravy train. The unions are now using H&S as they lost a lot off their walk out powers to Maggie, without whom H&S would not be as prolific, was it not the union backed labour government that reduced the HSE by 400 posts.
NigelB  
#8 Posted : 21 March 2011 22:32:38(UTC)
Rank: Forum user
NigelB

Stevel

Just for information the trade unions have been behind the most successful worker involvement initiative this country has ever seen. The introduction of the trade union Safety Reps position in law in 1978 meant that huge amounts of trade union resources were - and still are - put into worker orientated preventative health and safety. As it is generally workers that are killed, maimed and made ill by work, trade unions have always been trying to get better protection for workers - it is not a new discovery.

The success of the trade unions in this field has led the HSE to include worker involvement as one of three key priorities in supporting their 10 point strategy Be part of the Solution. They are looking to replicate the success of trade unions in the non-union organisations.

In the last 33 years I cannot recall regular weekly mass walkouts in support of health and safety issues by trade unions. However I do recall the various deregulation efforts of previous Tory administrations of which this one is just the latest. My understanding of the trade union movement's position is that it wants the laws on prevention and consultation with workers to be applied and not ignored - like the 60% of employers that the HSE estimate do not consult with their employees, for example - which is of course, illegal.

Dear All

It is difficult to see how we could go back to pre-1974 HSAW Act days, as much of the heavy industry, coal mining etc and the corporate 'model' on which Robens based his recommendations has virtually disappeared. However there is no indication in the simple health and safety guides; 33% cuts in HSE inspections; 35% cuts in HSE resources of what is going to be done about occupational health problems in the so called 'low risk' sectors so beloved of David Young in his 'we've never had it so good' days.

The Government review starts from the wrong premise about business 'burdens'. If it started with a review about how businesses could be helped to reduce the risk of injuries and ill health and improve their business efficiency, it might create some interest. However it is a political exercise based on newspaper reports so that if something meaningful results, it will more likely to be by accident than design.

Will the review address the real issues in health and safety? - unlikely. However one can hope. It does give us the chance - again - to focus on our successes though.

Interesting times ahead, no doubt.

Cheers.

Nigel



DaveDaniel  
#9 Posted : 22 March 2011 08:22:16(UTC)
Rank: Forum user
DaveDaniel

It's true that if you look at Lord Roben's criticism of pre-HASAWA law (too much, too complicated etc.) then the same can be said in spades of current law. HASAWA did not work. We ended up with more, not less.

Even with the EC involved, there is plenty of scope to simplify and ease - Getting rid of S40 for example would ease the risk-averse focus, and many regulations have been heavily gold plated.

Unfortunately I don't think an academic with apparently no UK legal expertise supported by bodies such as IOSH who seem unable to offer any measured and constructive professional comment is actually going to achieve anything.
John M  
#10 Posted : 22 March 2011 10:18:27(UTC)
Rank: Super forum user
John M

Section 1 of the Legislative and Regulatory Reform Act 2006 provides the power to" reduce or remove burdens". No doubt its application will extend to Health and Safety Reform.

And IOSH are supporting this initiative?


Jon
jay  
#11 Posted : 22 March 2011 10:37:27(UTC)
Rank: Super forum user
jay

We seem to be using the term "gold-plating" without reference. I do not for one consider the ACoPs material as "regulations" and it is entirely up to the employer etc to do anything different to meet the objective.

Secondly, the ACoPs simply are not compiled without consultation.

If we are to have the basic principle that those who create risks should be responsible for managing them, then it is only proper that as per Section 40 of HASWA, the onus is on them. Having said that, when HSE prosecutes, it has to provide credible evidence that a duty was not met etc.

The "risk aversion" is a complex matter, and for that I am glad that the review is led by an "expert". I just hope that this will be dealt with properly. Risk aversion to a large extent is also a reflection of our society and how we as individual may react when it comes to aspects of risk that directly impact us as individuals. Let us not forget that in the "soup of risk aversion" we have complex factors such as perception of claims, the action or inaction of insurers to defend frivolous claims, the expectations of the society in how it deals with breaches of law that resulted in injuries/fatalities and so on. Lat but not least, the lobbying/self-interest of trade organisations and others who make a living out of some of the complexities such as extending "accredited training" to spheres of activity when it may be perfectly OK to provide cheaper, but quality information/instruction/training in-house. If one has an in-depth look at it, my personal view is that it is not the regulations or even to a large extent the ACoPs/guidance, but our interpretation and the growth of an entire industry that markets and sells the products that at times pushes the boundaries further to make money in the name of health & safety regulation
jay  
#12 Posted : 22 March 2011 11:41:10(UTC)
Rank: Super forum user
jay

I think that the IOSH response has been measured-refer to:-

http://www.iosh.co.uk/ne...4_chris_grayling_mp.aspx

Not only that but IOSH did have concerns about the previous , i.e Lord Young report

http://www.iosh.co.uk/ne..._in_uncertain_times.aspx

http://www.iosh.co.uk/ne...osh_in_lords_debate.aspx
JohnW  
#13 Posted : 22 March 2011 21:11:51(UTC)
Rank: Super forum user
JohnW

Just want to comment on two Grayling quotes:

Quote:
There will be an approved list of health and safety consultants to stop "cowboy" consultants conducting inspections.


How is a LIST going to stop cowboy consultants? They can only stop the cowboys by finding them, and they can only find them by testing competency. They don't know where the cowboys are so how can they test their competency? Of course they may take the line that anyone NOT on their list is a cowboy....

and

Quote:
high risk locations, such as major energy sites or rogue employers, will be targeted.



So, if inspections are being cut back, how will they find the rogue employers? They'll find some AFTER an accident, AFTER a fire, AFTER a fatality. But how will they find rogue employers before an accident happens?

I'm a consultant, and looking down my list of customers they might ALL be defined as being rogue employers. Now, they are not all THAT bad, after all they sought my services so they felt health & safety was important enough to get in some expertise.

But..... they don't take on board everything I recommend.

Many 'corrective actions' get dismissed, ignored. And not just because of cost, mostly it's because the managers can 't be BOTHERED to manage!

My customers might all be rogues because:

- can't be bothered to do work at height assessments on new jobs,
- can't be bothered to monitor who is driving the fork lifts,
- can't be bothered to put a sink in the building site toilet,
- can't be bothered to fix the fire alarms,
- can't be bothered to put guards on the lathe,
- can't be bothered to quieten the machine,
- can't be bothered to get a thorough examination of the harnesses and the rescue tripod,
- can't be bothered to paint walkways and car park spaces,
- can't be bothered to do fire drills,

Yes these are customers receiving my expert advice, and paying me for it, but being selective about what they do with that advice. In some cases they break the law, in some it's just not following ACoP.

I'm not an inspector, and I'm not expected to be a whistle-blower. So Mr Grayling how are YOU going to find these 'rogue employers' ?


JohnW
John M  
#14 Posted : 23 March 2011 10:06:58(UTC)
Rank: Super forum user
John M

"Cowboy Consultants doing inspections". Oh dear, is this the best Grayling can utter?

Regulatory inspections are the preserve of the HSE. Has the noble Lord Young not briefed him?

I would hope that IOSH will step up to the plate and show a bit more metal in engagement rather than a tacit approval of the brutal plans than has hitherto been the case.

I feel as if I want to rejoin and support a trades union action in opposing these proposals.

J
John M  
#15 Posted : 23 March 2011 10:11:22(UTC)
Rank: Super forum user
John M

Before I get savaged- I forgot to mention the LA, Fire & Rescue Service, MCA, Rail Regulator, Nuclear Inspectorate etc in previous post

Jon
Ken Slack  
#16 Posted : 23 March 2011 10:45:25(UTC)
Rank: Super forum user
Ken Slack

I imagine that the response of the insurance industry, who will, at the end of the day be covering the 'risk' of poorly maintained H&S will be to drastically increase premiums and requirements.

Thus stifling somewhat the entrepenerial spirit and stifling some businesses.
djupnorth  
#17 Posted : 24 March 2011 12:47:01(UTC)
Rank: Forum user
djupnorth

I agree totally with both John M's and Ken Slack's comments. Sadly it is not regulation, or indeed the HSE (and other enforcing authorities) that are stifling business but the current claims system and the insurance companies. The former is being addressed by Lord Justice Jackson and the Master of the Rolls and the later (sadly) is a fact of life that will continue indefinitely.

DJ
johnmurray  
#18 Posted : 24 March 2011 14:08:54(UTC)
Rank: Super forum user
johnmurray

Whether IOSH say anything against the "cuts" or not will depend upon whether they get a piece of the action.
Morals or money ?
Hard choice.
up north  
#19 Posted : 24 March 2011 15:17:47(UTC)
Rank: Forum user
up north

Hi
interesting topic and curious answers, I believe we as a nation stand at the forefront of health & safety, we should be proud of what we have achieved, instead we deride it, knock it and blame it for all kinds of things that are simply not true.

is the Burden to heavy, I do not think so, is a risk assessment to much to ask, we do it commercially anyway! Maybe we write it down maybe not, but it is still done. I see no difference in this commercial approach as to H&S, management decide the level of risk that is acceptable and build in safeguards for the high risk elements. Sounds familiar !!!

I have read and hear a lot about common sense, just what is common sense? To me, if sense was common I would be out of work, we would automatically select the safe way of working, what we need is common knowledge.
how many of us have investigated fatalities, major or minor injuries only to find that a poor decision was made at a crucial time by somebody without enough knowledge to make that decision.

Is Lord Young correct, I do not believe so, will accidents and injuries escalate, I think yes.

what part do insurance companies play in all this, I believe a big part, fear of a claim is one of the big motivators I come across for unpopular and poor practices being implemented, not sound professional judgement by active managers.

at the moment I am in Saudi Arabia, I see every day what a lack of H&S law does to the working environment, what conditions people work in, how some employers focus on bottom line, at the expense of the worker, usually to hide their own inefficiency.

I do not believe we will go back to that sort of environment, but a step back is a step back an that is where we are heading under the current regime.
johnmurray  
#20 Posted : 25 March 2011 11:54:51(UTC)
Rank: Super forum user
johnmurray

Hey!
Some areas of work, and many employers, never bother about health and safety here, never mind Saudi.
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.