Health and Safety Executive Health and Safety Executive Reform of UK Occupational Health and Safety Regulation Mike Cross 3 June 2014

Reform is reality: use it wisely “You can’t expect to meet the challenges of today with yesterday’s tools and expect to be in business tomorrow” Anon “To improve is to change, to be perfect is to change often” Winston Churchill

200 years of reform in the UK Changing UK  Industrial Revolution 1760 – 1840  Mechanised production widespread  Industry develops new processes  Flixborough disaster 1974  Revitalising health and safety 1997  Business law reform 2000 onwards  Deregulation initiatives 2009 onwards Changing Health and Safety  Health and Morals of Apprentices Act 1802  Factories Act 1833 – first factory inspectors  Regulations added to deal with new risks  Health and Safety at Work Act 1974  HSE’s FiT3 Programme  Hampton Review 2005  Lord Young and Loftstedt reviews

Changing world of work

Changing health and safety

Changing perceptions

UK Government Business Reform Agenda Reducing Regulations for small business Reviewing the effectiveness of Regulations Using alternatives to Regulations Assessing new Regulations Operating a “one in, two out” rule for business Regulations Improving the enforcement of government Regulations Reducing the impact of EU Regulations on UK business ALONG WITH Large cuts to departmental budgets to bring down the deficit

Rigorous scrutiny Red Tape Challenge Common Sense, Common Safety Loftstedt Review Triennial Review

Common Sense, Common Safety Key recommendations: Tackling the compensation culture Simplifying risk assessments for small businesses Ensuring health and safety consultants offer sound, professional advice Reducing bureaucracy for school trips Providing a means to challenge regulators’ decisions Amend incident reporting requirements

Loftstedt Review Key recommendations: Exempt those self-employed who pose no risk of harm to others Review all Approved Codes of Practice Undertake consolidation of sector- specific Regulations Provide HSE with the ability to direct Local Authorities to ensure they focus on higher risk activities Remove strict liability for breaches of health and safety laws

Government reform progress - OSHCR “Good health and safety, good for everyone” Create a register for occupational health and safety consultants Significantly reduce the number of inspections and target only high risk industries Introduce a cost recovery scheme Review all health and safety Regulations Provide simple help for small firms

Progress with reform - OSHCR Occupational Safety and Health Consultants Register (OSHCR) in operation: –register of consultants who have reached a certain standard –self-funding by a levy on members of the register –organisations seeking assistance can now easily find a OSHCR-registered consultant in their area or specialising in their sector

Inspections: In HSE reduced by 33% (to 22,000 annually) and in LAs by a similar amount Sector strategies used to determine those industries which should be inspected Only high risk industries targeted, e.g. construction, heavy manufacturing, quarries but many lower risk sectors not inspected LAs now bound by national Code ensuring they apply same principles Progress with reform - inspections

Progress with reform – cost recovery Fees for Intervention scheme in operation: –Based on the principle that those who are complying with the law will have nothing to pay –However, when a dutyholder is found in material breach of the law they pay for the time it takes the inspector to ensure risks are under control –Generating £10m annually (and rising) –Robust appeals system in place

Progress with reform – review of Regulations and ACoPs Reviews on track to deliver: –85% of health and safety regulations either revoked, revised or consolidated with other regulations –Of 30 ACoPs to be reviewed – 16 completed leading to 4 revised, 3 withdrawn and 9 consolidated in to 3

Progress with reform – help for small firms Action to help small firms includes: –Legislation going through Parliament to exempt from health and safety law 2 million self-employed who create no risk of harm to others –Web-based guidance now available: Health and Safety Made Simple - safety/index.htm Health and Safety Toolbox -

Progress – other initiatives Independent Regulatory Challenge Panel – hardly any cases Mythbusters Challenge Panel – nearly 300 reports of cases where health and safety has been misused investigated by independent panel Myth busters media campaign - taking a light- hearted view of health and safety myths Review of compliance with the Regulators Code including the Growth Duty

And there’s more……. Focus on Enforcement: –Chemicals –Small food production companies –Volunteering Business Focus on Enforcement –Industry-led panels to review regulation –Targeted at trade associations and business groups General Election in 2015 means ?????

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