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Health and safety review to look at regulations and compensation

The Department for Work and Pensions has published further details of the draft terms of reference that will govern the independent review of health and safety legislation announced in March.

Led by Professor Ragnar Löfstedt, director of the King’s Centre for Risk Management at King’s College, London, the review will consider the opportunities for reducing the burden of health and safety legislation on UK businesses while maintaining the progress made in improving health and safety outcomes.

With this in mind, it will explore the scope for consolidating, simplifying or abolishing regulations but, at the same time, examine whether a clear link exists between regulation and positive health and safety performance.

Building on Lord Young’s findings regarding the compensation culture, the Löfstedt review will scrutinise whether there is any evidence of inappropriate litigation and compensation arising from health and safety legislation. It will also look at whether changes to legislation could help clarify the legal position of employers in situations where employees act in an irresponsible manner and compromise safety.

None of the 16 Acts owned and enforced by the HSE – including the HSWA 1974 – fall under the review team’s remit. Instead, the focus will be on the other statutory instruments owned and enforced by the HSE and its local-authority partners – estimated by the DWP at around 200 – and associated Approved Codes of Practice that provide advice on compliance with health and safety law.

IOSH promised to do its utmost to ensure the review team listens to the voice of the health and safety profession, but expressed concern that the terms of reference could duplicate previous work while other issues could be ignored.

Policy and technical director, Richard Jones, highlighted ‘gold-plating' as a myth that other reviews have debunked, and said work to simplify health and safety regulations has been ongoing since the HSE launched its simplification plan in 2006.

In conducting the review, Prof Löfstedt will be supported by an advisory panel, which will comprise John Armitt, chair of the Olympic Delivery Authority, Sarah Veale of the TUC, and Dr Adam Marshall of British Chambers of Commerce, as well as legislature representatives of the three main parties.

The review is expected to report to Employment minister, Chris Grayling, in the Autumn.