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mikecarr  
#1 Posted : 25 May 2011 09:19:16(UTC)
Rank: Forum user
mikecarr

Dear all

Below is a snippet for an article appearing on SHP online this morning. Can someone explain to me how H&S regs are a barrier to firms recruiting their first employee??


In a new report, Health and safety: a risky business?, the BCC reveals that nearly a fifth (18 per cent) of sole traders identified health and safety regulation as a major barrier to recruiting their first employee
Safety Smurf  
#2 Posted : 25 May 2011 09:22:38(UTC)
Rank: Super forum user
Safety Smurf

Hmmm,
If I were a cynical person I might think it was more likely to be tax and national insurance that got in the way.

Good thing I'm not a cynic. ;-)
firesafety101  
#3 Posted : 25 May 2011 09:25:52(UTC)
Rank: Super forum user
firesafety101

I haven't read the article but that is a negative statement.

It should be that health and safety is a positive step for a new employer when recruiting the first employee.

Why is health and safety always criticised when there is usually another reason that can be used instead.

The recent volcano issue is a perfect example of using H&S as the reason for no fly. The real reason is the volcano and that is a natural disaster.

Blame that chap who made the earth instead.
mikecarr  
#4 Posted : 25 May 2011 09:29:01(UTC)
Rank: Forum user
mikecarr

Agreed... but I can't see them cutting the burden of tax, getting loans from banks and NI for employees, so lets blame H&S for eveything

I hope this next review puts and end to all this but somehow I don't think it will
Heather Collins  
#5 Posted : 25 May 2011 10:06:57(UTC)
Rank: Super forum user
Heather Collins

MikeC #2 wrote:
Below is a snippet for an article appearing on SHP online this morning. Can someone explain to me how H&S regs are a barrier to firms recruiting their first employee??


Because of ignorance. There are undoubtedly sole traders out there (knowing next to nothing about H&S) who think that as soon as they employ someone then the entire burden of the (apparently) 131 pieces of legislation identified by the "Red tape challenge" will descend on them. To some extent of course they are correct.

The SHP story does quote some sensible comments made in the report - for example “A tick-box culture, in this context, means not properly modelling the risks and being too administration-focused instead of undertaking a proportionate assessment of the risks in the workplace.” In fact the main thrust of the report seems to be the disproportionate effect that legislation has on low risk and small businesses who don't have the knowledge or the resources to cope with it. Interestingly almost all of those businesses will probably employ an accountant to do their finances (and steer them through the maze of financial red tape) and a web designer to do their website and think nothing of it. The challenge for the H&S profession is how do WE get them to feel the same way about H&S.

You could of course turn the article round because you can always make statistics say anything you like - "88% of sole traders feel H&S is not a major burden to recruiting their first employee" ;)

Ken Slack  
#6 Posted : 25 May 2011 10:46:37(UTC)
Rank: Super forum user
Ken Slack

I decided when I read it this morning to decipher the statistics as:

- 72% (4 out of 5) of sole traders don't see H&S as a a major burden to taking on their 1st employee.

- 53 per cent of businesses it questioned as part of a recent survey didn't identify health and safety “yellow tape”* as a burden.

Ken Slack  
#7 Posted : 25 May 2011 10:47:50(UTC)
Rank: Super forum user
Ken Slack

obviously I meant to say 82% on my first line ;)
firesafety101  
#8 Posted : 25 May 2011 11:00:40(UTC)
Rank: Super forum user
firesafety101

Still haven't read the article but wonder why SHP would print an article that is negative re health and safety?
Heather Collins  
#9 Posted : 25 May 2011 11:02:44(UTC)
Rank: Super forum user
Heather Collins

ChrisBurns wrote:
Still haven't read the article but wonder why SHP would print an article that is negative re health and safety?


It isn't really Chris. Go and read it!
Yossarian  
#10 Posted : 25 May 2011 11:14:12(UTC)
Rank: Super forum user
Yossarian

MikeC #2 wrote:
Dear all

Below is a snippet for an article appearing on SHP online this morning. Can someone explain to me how H&S regs are a barrier to firms recruiting their first employee??


Yes they make all sorts of unreasonable demands that you do not kill, maim or otherwise make ill you employees or other people in the course of your business. Isn't that why you pay employees danger money and the NHS exists to pick up the pieces?

Although I'm clearly being sarcastic, it is merely the logical conclusion of the type of thinking going on here.
RayRapp  
#11 Posted : 25 May 2011 11:23:08(UTC)
Rank: Super forum user
RayRapp

I also fail to see how employing a new person would be a burden...providing an induction, some job training and possibly some PPE. A new employee may be a burden from a HR or tax perspective, try mentioning that to the HMRC and see if you get any sympathy! Notwithstanding that, there are some issues which have some merit in the BCC report.

I wonder if we have now arrived at a crossroads in terms of health and safety legislation and practice. I think a proper and impartial review of all health and safety matters is long overdue. However, cherry picking certain topics will not provide a meaningful result. A proper review must include the impact and effectiveness of HSWA, which is not included in the Lofstedt review - enough said.
A Kurdziel  
#12 Posted : 25 May 2011 13:32:29(UTC)
Rank: Super forum user
A Kurdziel

This is the British Chambers of Commerce mouthing off again. They have launched a campaign today on their own webpages and a similar piece has appeared in our local paper. It is partially an attempt to justify their existence to their own membership by playing the “if your business is failing you can blame H&S card” and partially to do with the setting out the line that they will be taking in relation to the Löfstedt review on which they will have seat.
Health and safety regulations to be streamlined and simplified to reduce costs and make legislation more effective;

The points that they have raised can all be demolished quite easily:
1. “Regulations to be tailored to the risk level of the workplace to reduce the burden on low-risk businesses;” well that’s the point of risk assessment then, which is at the core of modern H&S and it is what these people seem to find difficult to get their heads around.
2. “The self-employed to be exempt from certain health and safety legislation, as recommended by the 2006 Davidson review;” Which regs and what is a 'small' business and if they hope to grow and develop, when do the join us in the grown up world and do what the rest of us have to do?
3. “The elimination of any instances of EU health and safety directives duplicating existing domestic regulations and imposing extra burdens on business” We do not duplicate EU directives they have to be transposed in to UK law to any validity- they just don’t understand the process.
NigelB  
#13 Posted : 25 May 2011 19:15:39(UTC)
Rank: Forum user
NigelB

Ray

I would agree that 'a proper and impartial review of all health and safety matters is long overdue.' And the Lofstedt review has no remit to do this. However this does not stop IOSH - or any other organisation - from producing a response that reflects this aim.

Instead of trying to find out how each Statutory Instrument plays with employers, review the current evidence about how duty holders can effectively comply with regulation. After all we live in an age of the most sophisticated media communications ever known.

The tax laws could be used more effectively to help employers comply with their duties. We are so rich in this country we can spend an estimated £7 billion on an aircraft carrier that will have no aircraft on it. Surely a little less can be spent helping employers .... and workers.

How about 'The Alternative Lofstedt Review': An independent submission providing the evidence that health and safety regulation leads to improved health, safety and business performance.'

I've got evidence. Anybody else?

Cheers.

Nigel


RayRapp  
#14 Posted : 26 May 2011 08:17:16(UTC)
Rank: Super forum user
RayRapp

Nigel

I can't recall what the initial response was from IOSH with regards to the Lofstedt review, but here was an opportunity for IOSH to make a stand by saying - if you want a proper review then let's have one to include the impact of not just specific legislation, but all health and safety legislation and associated practices. A missed opportunity perhaps?
Bob Shillabeer  
#15 Posted : 26 May 2011 13:45:46(UTC)
Rank: Super forum user
Bob Shillabeer

May I first say I have not read all the postings on this one yet, but feel I must put my two pennies worth in. I have printed all the legislation listed on the website and it is held in two three inch ring binders. The spread of legislation cover quite a few specific safety issues some are not relevant to others as they are very specific. I have already posted the break down between legislation and subsequent amendments but to refresh memory there are 80 pieces of regulation and 8 orders, that makes 88 pieces of prime legislation add to that the two pieces of legislation which are acts of Parliament this makes it a round 90. The rest are amendments to one or more of the prime legislation. I challenge anyone to give a sound reason why any of the prime legislation is no longer appropriate, as for the amendments, repeals and modifications they simply change the prime law and do not replace it per say, so can we simply look at the actual regulations and ecide exactly what is required and what can be abolished and how that specific issue is to be managed in the future?
NigelB  
#16 Posted : 26 May 2011 19:27:02(UTC)
Rank: Forum user
NigelB

Bob

Absolutely. Over the years some bits of pre Health and Safety at Work Act law get repealed or absorbed into new leglslation. This is generally done in a considered way, through a consultation where the impact can be assessed.

20% of the statutory 'burden' could be removed at a stroke. Around 40 statutory instruments out of the 200 relate to coal and other mines. If these were consolidated, say the Coal and other Mines Regulations 2012, the legislative 'burden' would be cut by 20%. However the law regarding coal and other mines is in one book instead of your ring binder. But there again it is of little interest to those outside of 'coal and other mining'. Those in 'coal and other mining' presumably know it. As business does not like change, maybe it would be best to leave it alone.

I'm still trying to find any 'Red Tape Challenge' comments that justify any repeal or modification of the law. Most relate to observations or reproductions of arguments first aired by the Daily Mail. To be fair there have been some useful comments in among the dross.

I come back to a point I made some time ago on this topic in a meeting. When I get into a car, I do not need to know the BSI or CEN or ISO standard for how many times the indicator flashes per minute; or the lighting standards for the headlights; or the safety specification for the windscreen or the height of the bonnet to protect pedestrians in an impact. I do need to know how to steer and drive it. While some use may come out of the review, it is difficult to see anything radical. Perhaps if David Young had taken as much interest in how employers and employees could be helped to comply with the law, we might be in a better position.

Ray

I think you're right that an opportunity was missed. However right on cue IOSH has just launched its Li£e Saving initiative. So good health and safety practices can save money as well as people. As the Policy Exchange Report Health and Safety: Reducing the Burden, Young Report nor the Lofstedt Review has improving health and safety standards at their centre, perhaps this should be the central thrust of the IOSH submission and be flexible in interpreting the remit.

Cheers.

Nigel
Bob Shillabeer  
#17 Posted : 26 May 2011 19:51:57(UTC)
Rank: Super forum user
Bob Shillabeer

I might be wrong but the review is about the legislation listed and is somewhat restricted, I know there may well be other bits of legislation but the consultation is about the legislation in the list. Thats why I have printed it off and am reading it through bit by bit. However, I still have the feeling and ask how is the specific legislation going to be managed should the regulations be repealed? This sounds as if it is either a blind fold pulling exercise or an attempt to create large holes in the national safety field thus reducing the prospect of guilty persons being procecuted.
RayRapp  
#18 Posted : 26 May 2011 21:12:55(UTC)
Rank: Super forum user
RayRapp

Nigel

Not convinced me and this latest IOSH initiative reminds me of a previous HSE mantra - good safety means good business. Not enough deck chairs on the Titanic springs to mind. Nevertheless, it may appeal to large organisations, but I don't believe that SMEs will be seduced by the rhetoric.

Bob Shillabeer  
#19 Posted : 26 May 2011 23:54:20(UTC)
Rank: Super forum user
Bob Shillabeer

What retoric are you on about Ray, it seems to me that most SMEs dont worry about H&S law they simply carry on doing what they do and only worry about H&S when it sneeks up abites them on the bum. That is where the general task of H&S is flawed, getting the concept over that managing the tricky bits propoerly reduces the number of acidnets thus saves the NHS quite a lot of money. Forget the amount that it costs the NHS to treat alcohol related injury which is another avenue that the Government is looking at. Perhaps H&S and alcohol usage should be banned so the NHS can save another 20 billion or so. Rant over time for bed.
RayRapp  
#20 Posted : 27 May 2011 07:51:22(UTC)
Rank: Super forum user
RayRapp

Bob, just telling it as it is.

Most people only comply with the law for the fear of being detected and prosecuted. The same principle applies with SMEs, except that they are less likely to be caught, when they are it is usually only a ticking off from the regulator unless a serious incident occurs and when they are prosecuted they usually get a meagre fine. Until we address these matters all the pontification in the world is not going to make SMEs compliant.

A family member emailed me the other week to say that he has a EHO inspector visiting his premises and could I supply him with X,Y, & Z documents. I asked how he knew what documents he needed. His reply, "I was sent a list by the EHO inspector of what they want to check." Some proactive inspection that was! So, after many years of non-compliance he now gets a good boy badge. No wonder he is laughing his head off and saying health and safety is a load of crap...shame I can't disagree with him.
NigelB  
#21 Posted : 27 May 2011 15:00:18(UTC)
Rank: Forum user
NigelB

Ray

Not necessarily looking to convince, more to discuss. I go along with your comment on compliance and there is plenty of evidence in support. For some reason the Government review ignored this.

The Review has been set out as a fairly narrow exercise. I'm suggesting that the remit is ignored and comments are put in:

a Highlighting the evidence that indicates there is no widespread concern that health and safety at work is crippling British employers. There is, of course, plenty of misunderstanding.

b About how health and safety regulations serve a purpose and while reviewing their effectiveness is fine, those calling for repeal/modification etc should be asked to submit verifiable evidence for their proposals.

c Where the health and safety profession should stop being modest and promote its success. IOSH is one organisation that has 38,000 members. I would hope some of us have had successes!!

d To re-submit evidence about what the measures are for effective enforcement of health and safety laws for any sized organisations. There is plenty of evidence about.

This could then be brought together and form an agenda for developing measures that will address the problems that do exist in health and safety at work. So instead of reacting to the Government agenda, we set our own.

In short, we should use the review as a lever to put forward an agenda for dealing with the real issues in health and safety at work, not the Daily Mail inspired ones.

Cheers.

Nigel



RayRapp  
#22 Posted : 28 May 2011 10:10:09(UTC)
Rank: Super forum user
RayRapp

Nigel

As I have previously stated, a proper and impartial review of all health and safety regulations and practices without a political influence is well overdue. Unfortunately I think, at least for the time being, we have missed the boat. Objective evidence for the pros and cons will be difficult and time consuming to produce. Even though we have seen a steady reduction in injuries and fatalities since the introduction of HSWA and EU transposed Directives, much of these are the result of less manual and high risk activities as we have moved to softer type industries.

The Lofstedt review has already made an assumption that health and safety is a burden, where the word is used ubiquitously within the report. Not a good start for a proper review. Despite Prof lofstedt's credentials in risk management what does he know about occupational health and safety practices. I will be responding and trying to give a balanced view by highlighting negative and positive comments.

Of course, it could be that we are getting what we deserve. In my opinion health and safety has become overly prescriptive and onerous. There are far too many overly zealous practices in a effort to eliminate every element of risk in activities. By way of evidence for my assertions you only have to read the comments on these forums to see that. The HSE are the biggest hypocrites - promoting sensible safety whilst not promulgating it with sensible and proportionate guidance, enforcement and prosecution.

HSWA is desperately in need over a thorough review to remove or amend some anti-dolphin sections. However, the powers that be often praise it for the 'success' it has been. For example, the need for organisations, particularly small businesses, to have a health and safety policy emanated when there was no such thing as a safety management system. Meanwhile, consultants and others produce reams of generic meaningless documents in the guise of a h&s policy and charge very nicely for it as well. People are not stupid and the small employers know 'paper safety' when they see it. From a h&s practitioners perspective it is embarrassing and I am probably as guilty as anyone else.

End of rant.
RayRapp  
#23 Posted : 28 May 2011 10:12:26(UTC)
Rank: Super forum user
RayRapp

Damn spell checker - 'anti-diluvian', not dolphin!!
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