Löfstedt Concludes Current Health And Safety Regulatory Regime Offers Vital Protection

“My overall conclusion is that there is no evidence for radically altering current health and safety legislation. This overwhelming view was expressed by a wide range of stakeholders including groups that represent employers. Furthermore there is evidence that work-related ill health and injury is itself a considerable burden on business (as well as a cost to society more generally) and that the regulatory regime offers vital protection to employees and the public.” - Proff Löfstedt

Probably the most important report since that of Roben's into health and safety law and practices in the UK has finally put to bed any major decimation of the current regime which has served us well since 1974.

Following months of speculation by the media, anti-health and safety legislation propaganda by the government, and trepidation within the health and safety community; Professor Ragnar E Löfstedt has published his Review of Health and Safety.

The review report entitled ‘Reclaiming health and safety for all: An independent review of health and safety legislation’ does not provide the government with anything like the explosive evidence they wished for in order to justify the wholesale destruction of the current health and safety regime of the UK. Nor does it herald in the introduction of an American style hands-off approach to health and safety regulation.

In his excecutive summary, Proffessor Löfstedt comments that misinterpretation is the main problem:

"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. Sometimes the legislation itself can contribute to the confusion, through its overall structure, a lack of clarity, or apparent duplication in some areas."

However, with regards to the current set of regulations he calls for a review of them and also of the HSE's ACOPs:

"Whilst health and safety regulation is overall broadly supported, that is not to say that every piece of regulation contributes to a safer and healthier workplace. From a risk and evidence-based perspective I have looked at the scope and application of the regulations and identified some duties that should either be removed, revised or clarified in order to reduce regulatory requirements which offer little in terms of improving health and safety outcomes."

Derek Maylor, Chair of the NW BTU H&S Co-ord said:

"The Tory government's aim to decimate health and safety legislation in this country has never had any basis of evidence to support this.

Now with an independent review being done which shows no evidence that health & safety is a burden on business, and that the so-called compensation culture does not exists, the Tory government will have to drop their hatred of all things health and safety."

Derek concluded by saying:

"The problem with this is what the Co-ord said a couple of months ago – this has not produced the result that the coalition expected or wanted. It will be ignored and a further inquiry under a different name will be imposed until they get the answers they do want."

Today's press release from the Dept of Works and Pensions, proves Derek's last sentence to be correct!

Unionsafety Editor Chris Ingram commented,

" The intentions of any Tory government with regard to health & safety was first reported by the website via an article written by Dave Joyce, CWU's National Health & Safety Officer, warning of the total destruction of the country's health & safety legislative regime.

He was not wrong.

The Löfstedt Review was hoped, by Cameron and his Coalition partners to be the tower in which the tolling of the bell for Health & Safety legislation in the UK could be heard. How wrong they were!

However, now is not the time to rejoice, as the history of government reports and their adherence to them is extremely poor indeed. No doubt, Cameron and his wrecking crew will try and find some way to twist the Löfstedt Review document into providing evidence for their psychopathic hatred of anything which protects the workers of this country, whether it be health and safety or employment protection."

The TUC have issued a briefing for all Trade Unions detailing its critique of the report, in which it says,

"Overall the review accepts that there are no significant changes needed to health and safety regulation and states that “existing regulatory requirements are broadly right”. The TUC welcomes that. He is also broadly supportive of European regulation, and even calls for it to be strengthened in some places, but counters that with concerns on “burdens” and criticisms of the evidence base for some regulation.

In Chapter 4 he is particularly positive about safety representatives, including roving safety representatives, but again makes no recommendations on this."

Hugh Robertson Senior Policy Officer at the TUC emailed Trade unions this afternoon regarding the review. He said:

"The press reports at the weekend, and the claims that the review aims to “cut health and regulation by half”, came from the Government and not the report or Lofstedt. It is a deliberate attempt by the government to divert attention from the main conclusions of the report, and instead try to push its’ own agenda."

He added:

"The TUC does however have considerable concerns about aspects of the report, such as the proposal to exempt certain self-employed from some aspects of regulation, but many of the fears that we had over issues like earned autonomy, exempting small firms and reducing the 1977 safety reps regulations have not materialised within the report."

Minister for Employment Chris Grayling said in a Dept of Work and Pensions press release issued this afternoon:

"From the beginning we said getting the regulation of health and safety right is important to everyone. By accepting the recommendations of Professor Löfstedt we are putting common sense back at the heart of health and safety. Our reforms will root out needless bureaucracy and be a significant boost to the million self employed people who will be moved out of health and safety regulation altogether.

We will also ensure our reforms put an emphasis on personal responsibility. It cannot be right that employers are responsible for damages when they have done all they can to manage the risk. Fundamentally we will ensure the health and safety system is fit for purpose through streamlining the maze of regulations and ensuring consistency across the board."

See also: Grayling Announces Abolition Of H&S Laws And New Challenge Panel On Back Of Löfstedt Report

Government Response To Löfstedt Review Confirms No Policy Change On Health and Safety

Both Professor Ragnar E Löfstedt Review of Health and Safety and the TUC briefing document can be downloaded from the E-Library database Use the keywords 'Lofstedt Review' for the report and you will find links to both reports.

Professor Löfstedt's speech on the launch of his report can also be downloaded from the E-Library by using key words Lofstedt Speech

Source: TUC / DWP

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