Common Sense, Common Safety, Progress Update
Posted by Mark Gore on 28th March 2011
After 6 months since Lord Young of Graffham presented his review of the operation of health and safety law, the Department of Work and Pensions has published a progress report regarding the implementation of the proposals.
Here are some highlights:-
- The Health and Safety Executive (HSE) published at the end of 2010 four risk assessment tools (offices, classrooms, shops and charity shops) for low hazard premises.
- Checklists for use by voluntary organisations to check and record compliance with regulations are on track for delivery by 31st March 2011.
- HSE are reviewing existing guidance for employees working from home.
- HSE are reviewing existing guidance for self-employed people and analysing where legal obligations can be more clearly defined
The Occupational Safety and Health Consultants Register (OSHCR) was formally launched on 21st March 2011 with over 1,400 consultants now on the register.
- HSE has undertaken initial consultation regarding the proposal that the current raft of health and safety regulations should be consolidated. This will be considered as part of the Independent Review of Health and Safety Regulation announced by the Government.
- HSE are consulting on amending the Reporting of Injuries, Diseases and Dangerous Occurences Regulations (RIDDOR) to extend the period before an injury or accident is reported to 7 days. The Consultation Document is on the HSE website. This will also include looking at the operation of RIDDOR as a whole.
- An Enforcement White Paper is likely to be published in Spring for proposals for better co-ordinated inspection by the HSE of multi-site businesses.
- The Home Office, Department for Communities and Local Government, HSE are working with the Crown Prosecution Service and others to develop revised guidance regarding the proposal that Police Officer and Firefighters should not be at risk of investigation or prosecution when engaged in the course of their duties if they have put themselves at risk as a result of committing a heroic act.
- There will be a Consultation in May 2011 to consider the proposal to abolish the Adventure Activities Licensing Authority and replace with a Code of Practice.
- The Ministry of Justice is examining the proposal to raise the upper limit for fixed costs on personal injury claims to £25,000. The Government are likely to respond in Spring 2011 on implementing the recommendations within the Jackson Report following the recent Consultation.
- Department of Education is preparing revised guidance on health and safety law for schools. This revised advice is likely to be published in late Spring 2011.
- HSE is consulting with Play Safety Forum members, DfE and Department for Culture, Media and Sport to discuss a possible shift of risk assessment to a system of risk-benefit assessment and also considering reviewing the Health and Safety at Work Act 1974 and consider what new guidance may be required.
- The proposal that Officials who ban events on health and safety grounds should put their reasons in writing along with the proposal to enable citizens to challenge local official’s decisions has been included in Part 2 of the Department for Communities and Local Government published Business Plan with any necessary legislation scheduled for 2012.
- A joint Food Standards Agency/HSE/Local Government Regulation statement on implementing combined inspection programmes from 1st April 2011 has been agreed and issued to local authorities. This can be viewed on the Food Standards Agency website.
