Lord Young has published his eagerly anticipated review of Health and Safety in the UK. Perhaps understandably, it has barely been noticed by the media, which has been pre-occupied with other weighty reports such as the reviews of Security, Defence and, of course, Spending.
For UK organisations, the immediate question is how this might affect them.
The report opens with a positive message about the real benefits of Health and Safety for UK workplaces, which now have the lowest number of non-fatal accidents and the second lowest number of fatal accidents in Europe.
Areas of Criticism
Interestingly for anyone who thinks about Health and Safety in terms of legislation, the report contains little of a critical nature. Instead, most of Lord Young’s criticism is reserved for such areas as:
- Influence of European Union legislators
- Poor practice on the part of unqualified Health and Safety consultants
- Application of the full weight of legislation across all sectors regardless of hazard levels.
- Demands on industry by insurance companies
- Bureaucracy around the practical application of legislation
- Misrepresentation of Health and Safety in the media
- Operation of Claims Management companies
Perhaps the strongest criticism of Lord Young’s report is directed at the last of these, which has given rise to the perception of a Compensation Culture and the assumption that for every accident someone must be held responsible and compensation is payable.
The fear of being sued is even discouraging ordinary folk from trying to help people who have been injured in case their efforts don’t work.
Practical Experience
Interestingly one of our own readers, a businessman from Dorset, has expressed some of the frustrations he has experienced as a result of poor practice in the application of health and safety:
“I decided to retire early from the construction industry due to Health and Safety legislation and attitudes.
As a building contractor in a family run business of three generations, I recently carried out a risk assessment on myself as a company director incurring a serious or fatal injury within my business.
It transpires that it makes no difference whom I employ as a Health and Safety advisor, what advice I seek and follow, whatever qualifications relating to Health and safety and site management any of my employees may have. If a serious or fatal occurrence were to happen on any of my sites in the eyes of the HSE “IT’S THE BOSS’S FAULT”
Why is this? I ask amongst my peers. More revenue by way of management fines appears to be the answer.”
Although expressed differently, Lord Young’s report includes many frustrations with the practical application of legislation that is well intentioned and in many respects very successful.
What are the implications?
For the most part, Health and Safety legislation is sound and we believe when it is properly applied is of real benefit to employers and employees alike. Whilst there may be some consolidation of the legislation, it is unlikely to happen any time soon.
Perhaps this report will act as a wakeup call to those who have unjustifiably used Health and Safety as an excuse for avoiding something they simply don’t want to do, or who have failed to use common sense in the application of Health and Safety.
Increased regulation may be on the cards for Consultants though that is likely to take time to get up and running. In the meantime, it is incumbent on everyone to examine the reputation, qualifications and experience of anyone they hire to provide Health and Safety advice.
We all need to be more cautious about how Health and Safety is reported in the media. A bit of healthy scepticism wouldn’t go amiss.
Perhaps it’s the Claims Management companies that need to be looking most carefully at the risks that might arise from this report.
Read the full text of Lord Young’s Report
