Tory plan to overhaul UK safety law

News | HSW
15.09.2007

A future Conservative government will review UK health and safety law to refocus risk assessment effort on the most hazardous activities, if party leader David Cameron accepts recommendations from his economic advisory forum.

John Redwood MP, who chairs the Economic Competitiveness Policy Group convened by Cameron to help him decide policy on business and the economy, told HSW the group's proposal for an "urgent review" of the Health and Safety at Work Act could lead to an amendment to the Act or to the Management of Health and Safety at Work Regulations, which lay down the requirement for employers and others to carry out risk assessments.

The former secretary of state for Wales said the law could be changed, after consultation, to distinguish different degrees of risk and discourage assessment of less significant risks.

"We think we need to target rather more the really dangerous processes and places and to have less of a box-ticking and essay-writing culture where the risks are not serious," he said. "The last time I went on a construction site I had three senior people solemnly giving me a risk assessment, saying that, as the site wasn't really operating that day, the biggest risk was crossing the main road, and this was how I was to do it. I think things have got out of control."

Asked if he was concerned that legislative changes to risk management in the UK might bring us into conflict with  European law, Redwood said, "We are not trying to weaken safeguards where there are real dangers. Anyway, we are talking about a relationship with the European Union where more things are decided in Britain."

This is reflected in the policy group's proposal that the UK opt out of the 48-hour week. Its report argues for repealing the Working Time Regulations, claiming they "reduce businesses' flexibility to respond to their employees' wishes, as well as their ability to manage their workload sensibly."

Paul Hopkin, chair of the International Institute of Risk and Safety Management, said that any proposal to change attitudes to risk by changing the Health and Safety at Work Act was flawed.

"While reviewing the Act from time to time is a good idea," said Hopkin, "the fact it's based on common-law principles means it's stood the test of time.
"We believe the legal framework is correct and the requirements are sensible," he added.

"The idea that there are all these employers going round doing unnecessary risk assessments is rubbish," said the TUC's head of health and safety, Hugh Robertson. "It's looking at the perception rather than the reality. We know that half of all employers haven't even done a basic risk assessment, let alone an adequate one ... All the HSE's evidence is that there's no risk aversion in the employment area, as opposed to the public liability area."

Robertson said there was no basis for the policy group's claim that its proposals for deregulation would save UK business £14 billion in red tape. "None of the main points could be implemented without breaking EU requirements and none of the small ones are going to lead to any significant savings," he argued.

David Cameron has yet to say which of the policy group's recommendations will become Conservative policy in the run-up to the next General Election, but the report was welcomed by shadow chancellor George Osborne.