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The HSE has the onerous task of identifying for repeal 84% of health and safety legislation, as part of the Tory led Con-Dem(ned) governments war on protecting workers from injury and death at work. CD239 is the most recent document which gives the public and those within the industries concerned, to have their say before the legislation is repealed. The consultative document is issued by the Health and Safety Executive in compliance with its duty to consult under section 50 (3) of the Health and Safety at Work etc Act 1974. The document outlines the reason why, on behalf of the coalition government, the HSE thinks the 14 pieces of legislation can be removed from the statute book. HSE's website carries the following announcement: In the consultation document itself, the items of legislation being repealed is detailed along with explanatory statement on page 6: 1. This consultative document sets out Health and Safety Executive’s (HSE) rationale for the repeal or revocation of fourteen legislative measures (one Act, twelve Regulations and one Order). HSE believes these are either redundant, have been overtaken by more up to date Regulations or do not deliver their expected benefits. There are also draft impact assessments on two of the items being repealed, but not for all of them. No reason is given for this other for the comment that those not already assessed will be done once the consultation period is over. Comments will apparently be used to inform the subsequent missing impact assessments. It is interesting that in the rush to eliminate, so-called Red Tape, the government appears happy to remove legislation on the grounds it doesn't know whether or not the legislation is effective, without suggesting alternatives or new items of legislation to replace it. One example of this is Notification of Conventional Tower Cranes Regulations 2010 and Notification of Conventional Tower Cranes (Amendment) Regulations 2010. One common theme in the reasons given for each of the items of legislation being revoked is that of duplication or supercedance by other regulations. Whether this argument is entirely accurate will be determined no doubt by the outcome of the consultation process. The consultation is open now and closes on 4th July 2012 You can download the consultation document from the E-Library Database here Select HSE Consultations from the drop-down search menu. The document will remain in the E-Library after the closing date for research purposes. You can also download it from the HSE's website here Source: HSE |
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