29 November 2012

The Government’s aim to “cut red tape” and end the “compensation culture” has become somewhat clearer following the publication of the Löfstedt Report into health and safety regulation.

Following Lord Young’s “Common Sense, Common Safety” review, the Government commissioned Professor Ragnar Löfstedt of King’s College London to review health and safety regulations with a view to finding ways to “simplify the rules”. The report was released on 28 November and immediately responded to by the Minister for Employment who set out some of the Government’s intentions in light of the findings.

The report itself (“Reclaiming health & safety for all”) runs to some 110 pages and sets out a number of recommendations. Some of the more interesting are:

• The exemption of self employed persons and those “whose activities pose no harm to others” from statutory health and safety regulation altogether.
• A wholesale review by the HSE of each of its Approved Codes of Practice.
• The consolidation of “sector specific” regulations e.g. explosives, mining into one set of rules.
• The review of all regulatory provisions which impose strict liability with a view to either inserting a “reasonably practicable” defence where strict liability is not necessary or, where strict liability is to remain, preventing civil liability attaching for a breach.

A number of other specific recommendations are made and merit careful consideration. Amongst other things, Professor Löfstedt suggests amendments to the CDM Regulations 2007 (to ensure a “clearer expression of duties”) and the RIDDO Regulations 1995 (to provide clarity on reporting requirements). He also suggests clarification of the Work at Height Regulations 2005 with a view to reducing or at least clarifying their scope.

However, the Minister’s response regarding the suggested qualification of strict liability and its potential removal in civil claims is unclear. Although the Minister entirely endorses the recommendation, his response simply states that the Government will “look at ways to redress the balance, in particular preventing civil liability from attaching to a breach of such provisions”.

Despite the review the current legal position remains the same and will do so until the Secretary of State sets about revising the Regulations. Whilst it is clear that the goal posts are shifting, it is likely to be some time before any revised health and safety rules reach the courts.

Contact Vikki Watt or Clare Bone for advice.