A review of all UK health and safety legislation will include exploring whether changes are needed to clarify the legal position of employers in cases where employees act irresponsibly.
Employment Minister Chris Grayling announced in March that risk management specialist Professor Ragnar E Löfstedt would chair a review of all health and safety regulation, with a view to simplifying the rules and easing unnecessary burdens on business. Its terms of reference, published on 20 April, also include looking at:
- whether there is evidence of inappropriate litigation and compensation arising from health and safety legislation
- the scope for consolidating, simplifying or abolishing regulations
- whether the requirements of EU directives are being unnecessarily enhanced (‘gold-plated’) on translation into UK law
- whether there is a clear link between regulation and positive health and safety outcomes.
Announcing the terms of reference, Mr Grayling said: "Professor Löfstedt’s review will play a vital part in putting common sense back at the heart of Britain’s health and safety system. By rooting out needless bureaucracy we can encourage businesses to prosper and boost our economy."
Andrew Gregg, senior partner at Gregg Latchams, where his specialist areas include health and safety at work, said: “Nobody would argue against having in place a robust health and safety framework, to protect people when they are at work or enjoying leisure activities.
“However, many businesses would agree that, as Mr Grayling puts it, common sense has gone missing from some areas of health and safety legislation, imposing more obligations on them than are wanted or needed. They will be looking forward with interest to the outcome of this review with the expectation that it will make their lives easier.”
The findings of the review are due to be published this autumn.
For more information, please contact Andrew Gregg.
