Will we see significant health and safety deregulation in 2012 or 2013?

In early 2010, David Cameron, leader of the Conservative Party in opposition asked Lord Young of Graffham to review health and safety.  Lord Young’s report ‘Common Sense, Common Safety’ published in October 2010 put forward a series of policies for improving the perception of health and safety, to ensure it is taken seriously by employers and the general public, while ensuring the burden on small business is as insignificant as possible.  The report also called for restrictions on advertising for “no win, no fee” compensation claims and a revolution in the way personal injury claims are handled.  Subsequent to this the coalition government commissioned Professor Ragnar Lofstedt to review health and safety legislation.  Published in November 2011, Professor Lofstedt concluded that “In general, the problem lies less with the regulations themselves and more with the way they are interpreted and applied. In some cases this is caused by inconsistent enforcement by regulators and in others by the influences of third parties that promote the generation of unnecessary paperwork and a focus on health and safety activities that go above and beyond the regulatory requirements”.
Since November 2011, we have had announcement-after-announcement generally about ‘cutting red tape’. It is true that some very old legislation has been repealed (such as the Celluloid and Cinematograph Film Act 1922 (Repeals and Modifications) Regulations 1974), the requirements for reporting accidents adjusted from 3 days to 7, and there are on-going consultations to slim the HSE ‘Approved Codes of Practice’.  And there will be c.76,000 fewer inspections by HSE and EHO inspectors largely due to public sector cuts.  To offset the effects of these cuts, from 1 October 2012, those requiring enforcement activity will be required to pay £124/hour for the privilege.
However, in our view, Lord Young was right.  Compensation claims drive employers to ‘do’ health and safety.  Whilst this is not always bad (at last we have level pavements, and safer playgrounds for children), it is the fear of being sued that leads employers to mount up the paperwork ‘just in case’ there is a case to answer. And unscrupulous and often unqualified consultants to provide these services.
Whatever laws are repealed, consolidated or condensed, there will remain an obligation upon employers to act reasonably to protect their employees at work.  In our training classes, Corporate Risk Systems Limited, sometimes described this requirement as being a little like Goldilocks: Not doing too much, nor doing too little; but doing the right thing.  In our consultancy business, we have fully-qualified HSE-approved professionals to help employers to get this balance right.  This balance is the challenge for Government, as it is often difficult to codify as regulations. Will we see deregulation meaningful to British small businesses?  In a word, the answer is no.
Stephen Asbury, Managing Director, Corporate Risk Systems Limited, www.crsrisk.com