The CPA on the Löfstedt Review

Colin Wood
Chief Executive at Construction Plant Hire Association


Post date: Wednesday, 1st February 2012

When the coalition government came into office, it was determined to tackle what it saw as a pervasive compensation culture that had deeply damaged the standing of “health and safety” in the eyes of the public, writes Colin Wood of the Construction Plant Hire Association (CPA), the UK's leading association for plant-hire professionals.

In June 2010 the prime minister asked Lord Young to “investigate and report back on the rise of the compensation culture over the last decade coupled with the current low standing that health and safety legislation now enjoys and to suggest solutions”. Lord Young’s findings, and his recommendations for change, were published in October 2010 in his report Common Sense, Common Safety.

The recommendations covered a wide range of issues including legislation, enforcement, the role of insurers and compensation claims procedures. The review recommended a general consolidation of health and safety regulations, which formed part of the remit of a further review by Professor Löfstedt.

Professor Löfstedt published his report in November 2011, and the government committed to taking action as a priority to implement six key recommendations, of which three may have some relevance and early effect on companies in the hire industry.

Exempting from health and safety law those self employed whose work activities pose no potential risk of harm to others.

The government will ask HSE to draw up proposals for changing the law to remove health and safety burdens from the self employed in low risk occupations, whose activities represent no risk to other people. It is thought that this will free around one million people from red tape without impacting on health and safety outcomes. Where the activities of selfemployed people could pose a risk to themselves or others, for example in the building trades, the law will continue to apply.

HSE should review all its Approved Codes of Practice (ACoPs).

The government will ask the HSE to review its 53 Approved Codes of Practice (ACoPs). The initial phase of the review should be completed by June 2012 so businesses have certainty about what is planned and when changes can be anticipated.

Approved Codes of Practice (ACoPs) are intended to assist dutyholders understand and meet their health and safety obligations. However, as the Professor has identified, in trying to be comprehensive, some ACoPs have been written in a complex and legalistic manner which confuses rather than helps dutyholders. This is particularly of concern as ACoPs have legal status and employers who fail to follow the provisions of an ACoP and who cannot prove that they have satisfactorily complied with the law in some other way will be found at fault if prosecuted. It is vital that ACoPs are reviewed to ensure they are the best way of fulfilling the purpose originally intended, making it easier for employers to understand and meet their legal obligations.

Reviewing all 53 ACoPs properly, and in consultation with stakeholders, represents a major programme of work. The proposed timetable for the review will provide certainty to employers on when they can expect changes to be made to the ACoPs that affect them. HSE will be asked to start the review with those ACoPs that impact on the largest number of businesses.

Many CPA Members will be familiar with ACoPs such as those on LOLER and PUWER. CPA will work with its existing contacts in HSE to ensure that any revisions are beneficial and not disruptive to the industry. HSE will also be asked to review the other guidance flagged in the Professor’s report to ensure that the requirements placed on employers are clear.

In the case of the Reporting of Injuries Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 guidance, the review will take account of changes already underway to extend the reporting period for reportable accidents from three to seven days.

HSE to undertake a programme of sector specific consolidations to be completed by April 2015.

Professor Löfstedt identified a number of areas where he saw the potential to consolidate health and safety regulations – many of which we seen to be quite old and not reflecting the best way of delivering the desired outcomes now given changes in industry and society.

There are a number of regulations that apply to specific sectors only which could benefit from consolidation. The body of regulation related to these areas has built up over the years, resulting in an often fragmented and complex set of requirements. The Professor specifically mentioned explosives, mining, genetically modified organisms, petroleum, and biocides but acknowledged that there may be further areas which could be considered.

The Professor also recommended changes to a number of specific regulations where there is no evidence that they improve health and safety outcomes, or where there is duplication with other legislation. These include the Health and Safety (First Aid) Regulations 1981, the Construction (Head protection) Regulations 1989, the Working at Height Regulations 2005, the Notification of Tower Cranes Regulations 2010, and the Notification of Conventional Tower Cranes (Amendment) Regulations 2010.

There is a requirement in the Health and Safety at Work Act 1974 for HSE to consult on changes to its regulations. CPA has had significant involvement with the creation and implementation of some of the regulations subject to review, and will work closely with HSE on consolidating or amending the regulations.

The summarised timetable of expected changes is as follows.

By the summer of 2012

• Health and safety guidance for small businesses will be much simpler.
• Businesses will get simple and consistent guidance from HSE, professional bodies and insurers on whether and when they need to bring in expert health and safety advice.
• Low risk businesses that manage their responsibilities properly will no longer be visited by inspectors.
• Legislation will be brought forward to abolish the Adventure Activities Licensing Authority.

By 2013

• Self-employed people whose work poses no threat to others will be exempt from health and safety law.
• Approved Codes of Practice will give businesses clear practical examples of how to comply with the law.
• Unnecessary regulations will be revoked.

By 2014

• A simpler accident reporting regime will be in place.
• If we are successful in influencing the planned review, EU health and safety legislation will in future be risk- and evidence based.
• The nuclear industry will have its own dedicated independent regulator.
• HSE's enhanced powers will help drive consistent enforcement for all businesses.
• Regulations will be consolidated by industry sector, making it clear which provisions businesses need to comply with.
• The total number of regulations businesses have to comply with will be reduced by 50 per cent.

This article was first published in CPA Bulletin, February 2012. To read the entire publication, click the ebook.

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