Government Health and Safety Review

Feedback from our Readers

We would like to thank those who have taken this opportunity to express their views in regard to the UK Government's proposed review of Health and Safety. (See earlier article)

The relatively small number of responses we have received can hardly be described as statistically significant, but there are, none the less, some interesting points being made.

Summary

All those who responded were in agreement that the way in which health and safety is currently implemented leaves much to be desired. However, that is about the limit of agreement.

The view of some is that current regulation is simply not tough enough and that either the law or its implementation (or perhaps both) needs to be tightened.
The other view expressed is that some health and safety legislation lacks common sense, which makes it difficult to implement or that it is being abused to the extent that it has become a joke.

Such differing views are perhaps shaped by individual experiences that vary widely according to the person's role and perhaps the industry in which they are employed.

Everyone who responded so far believes that a Health and Safety review would be a good thing but for significantly differing reasons.

It would seem, therefore, that it would be a good thing if these (and the many other views that have not been expressed here) were to be made known to Lord Young so that they can be taken into account as part of his review.

What do You think?

If you have views about the Government's review of health and safety that you would like to see published through our newsletter, then please email your comments to
feedback@edp-uk.com

To ensure topicality, we have published responses soon after our original article. If you would like to respond but feel that you did not have sufficient time, there is still opportunity. Any additional feedback will be added to this article, which will remain available on our website for reference.

Your Responses

The responses are published as they came in to us. In other words, there is no significance in the order in which they appear.

Also, since not everyone wanted their personal details to be published, we decided to indentify the responses only by the initials of those who sent them in.

From a subcontractor's view this review is a welcome relief to the all too common broad-brush implementation of strict and sometimes overbearing approach to health and safety. Our clients even admit to policy sometimes lacking common sense due to the difficulties in implementation, which is difficult to hear and even harder to swallow when it directly hits the bottom line when margins are tight to non-existent anyway.

We as a Company have felt the affect of the ‘claims-culture’ becoming embedded in the industry, and with Insurance paying out so readily, and the consequences from clients viewing statistics rather than reviewing the analysis of the actual incidents, any change or promise of scrutiny of existing health and safety policy is music to my ears, and the most positive thing I've heard in this area for a long time.....

[DO]

There are a couple of reviews that I think should be looked at.

The HSE
The size of the HSE should be increased with more staff to help defend our workforce and take up more complaints. Cutting the HSE will cost more lives. A lot more harsher penalties should be introduced to make employers wanting to cut corners think and think again. Also to fully review legislation bring the outdated legislation into the 21st century, involving the HSE at every stage. After all they are the real experts in what they do.
Trade Union H&S Reps
Trade Union H&S Reps are highly trained and are the helping hand of the UK workforce in H&S, working in conjunction with the HSE, helping keep workplaces safe, advising employers and reducing accidents. Basic legal powers should be given to the reps so that the employer has to comply as far as is reasonably practicable and failure to do so would involve an enforceable Union Inspection Notice (UIN). This would help out the HSE to pursue the more dangerous employers placing their employees in dangerous situations, whereas at the moment, the reps are relying on the HSE to get the employer to act on their advice.

[PS]

I believe that the Fire Reform Regulations in all their various guises should be withdrawn. Fire Brigade or a Fire Specialist company should be the only group who approve and issue a Fire Certificate.

I believe that certain mandatory checks for integrity such as flammable or asphyxiating gas systems, and electrical circuits should be subject to mandatory licensing. Too much emphasis is placed upon goal setting and trust.

I also believe there should be more Inspectors because premises are only examined after an accident has occurred, in my experience.

In summary, the goal setting philosophy is bad because it permits people to choose whether or not to comply with a regulation or take a chance.

[ ]

I do agree that the Health & Safety Regulations need to protect workers, but not when we have scenarios like a dustbin man refusing to take a sack of rubbish handed to him by a little old lady on grounds of health and safety because no manual lifting is allowed.

Another actual incident “could you move that waste paper basket please?” “No sorry I haven’t had manual handling or dealing with waste training”

I am all for health & safety in the work place, but come on health & safety in the workplace has become a joke.

[MB]

Having read the note issued today, I for one was guilty of reading the review announcement and then just shelving it as another attempt to confuse the world as to the benefits of our industry.

If the review is to have an impact, the decision should be made to establish if the problem is 1) H&S legislation, 2) the application of it, or 3) the ever increasing attempt to gain financial reward for something that has happened to you.

If it is the legislation, then what is wrong with it? Is it the perceived over bureaucratic imposition, the sheer volume or the fact we are being rebadged with an EU stance, when what we had pre directives and regulations was a very sound approach to a situation in a work place - i.e. if it is there and happening do it as safely as possible and where there is a risk do something to reduce that risk. Nothing from the EU has changed this, except to increase the documentation and cost.

If it is the application of legislation, then the enforcement process needs to be given the correct structure and resources to provide guidance and support in advance of any rigid enforcement. Resources should also tackle the areas where the problems really exist, and remove the burden from the low risk locations, which are easy pickings because the enforcers don't understand the complexity.

Or is the real problem the number of "No Win No Fee" parasites who inundate TV, red tops and now street corners looking for the "victim" of a wrong doing to dangle a carrot with the words you keep every penny we get for you. These individuals have made everyday living appear dangerous and if you happen to look in a direction that doesn't allow you to see the kerb, the tree, or the oncoming vehicle, then the owner/operator should have known you were doing this and done something to look after you.

This approach has led to the fear of action which can cause damage to finances if won, increase operational costs through additional controls in how you operate or even stop people enjoying the things we all have in the past done and loved.

Health & Safety is necessary but not at the expense of common sense and an acceptance that life holds a risk in all we do. If we are not careful we will become so controlled that when something happens we will wait for a third party to come along and stop it before we decide it's something to do with us.

Also I have decided that being born in the 60's, based on what is now being done I should be deaf, have at least 2 fingers missing, broken my legs twice, my arm 3 times and need glasses to protect me, and all because I went outside.

[HJ]

I think the addition of free training films with questions and a printable certificate on most or all areas of H&S would be a great addition to the HSE web site and would increase the number of people visiting / awareness of this resource.

These training films could also introduce employees to the concepts of risk assessments, promoting understanding.

In general there is far too much focus from the HSE on written polices / safe working practices. These are often written by the employer / managers to cover themselves and not for the benefit of the employees and are therefore ignored.

The focus should be on good 'on the job training' and encouraging more personnel reasonability.

[ML]

Contact EDP HS&E Consultants for all your health, safety and environment needs. We can check your current arrangements and advise you about any changes or improvements you need to make.

To discuss your requirements, without any obligation on your part, please gives us a call on 01744 766000 or complete the Enquiry Form on our website.

In addition to our regular newsletters, you can also keep up with the latest information from EDP by visiting our blog at http://edp-uk.blogspot.com/