An independent review of health and safety legislation -call for evidence




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The Löfstedt review

An independent review of health and safety legislation –call for evidence

May 2011picture 4



Contents

Independent review of health and safety legislation – call for evidence

Call for evidence

Responses

List of specific questions

Freedom of Information

Independent review of health and safety legislation – response form

Respondent details

Review questions

Annex A – List of Statutory Instruments (regulations) owned by HSE and primarily enforced by HSE and Local Authorities, and Associated Approved Codes of Practice

Approved Codes of Practice

Annex B – Terms of Reference


Independent review of health and safety legislation – call for evidence

The Department for Work and Pensions’ Minister for Employment, the Rt Hon Chris Grayling, has asked Professor Löfstedt to chair an independent review of health and safety legislation. He is being supported by an advisory panel of cross-party politicians, employer representatives and employee representatives.

The review will consider the opportunities for reducing the burden of health and safety legislation on UK businesses while maintaining the progress made in improving health and safety outcomes. In particular it will consider the scope for combining, simplifying or reducing the – approximately 200 – statutory instruments owned by HSE and primarily enforced by HSE and Local Authorities, and the associated Approved Codes of Practice (ACoP) which provide advice, with special legal status, on compliance with health and safety law.

A list of the health and safety regulations and ACoPs is provided at Annex A. The full terms of reference for the review are also attached for information at Annex B.

Call for evidence

The Professor and advisory panel are keen to gather evidence from key stakeholders with an understanding of health and safety law to inform the review. They would therefore be grateful if you would take the time to send in any evidence you have, including on the specific questions attached, by no later than 29 July 2011 so that they can give sufficient consideration to this before reporting to the Minister in October.

Responses

Please provide your responses to the questions in the relevant boxes below. Please include any other comments or evidence that you think would be helpful in informing the review.

Once you have completed your response, please save it to your computer and then email the saved version to us at:

review.healthandsafety@dwp.gsi.gov.uk


Alternatively, please print out a copy and send it to us at:

Health and Safety Review Team

Department for Work and Pensions

Level 2B

Caxton House

Tothill Street

London

SW1H 9NA


Please ensure your response reaches us by 29 July 2011


List of specific questions

Please describe any examples (cases about which you have direct knowledge) or include any evidence you have to support your answers.


Question 1: Are there any particular health and safety regulations (or ACoPs) that have significantly improved health and safety and should not be changed?


Question 2: Are there any particular health and safety regulations (or ACoPs) which need to be simplified?


Question 3: Are there any particular health and safety regulations (or ACoPs) which it would be helpful to merge together and why?


Question 4: Are there any particular health and safety regulations (or ACoPs) that could be abolished without any negative effect on the health and safety of individuals?


Question 5: Are there any particular health and safety regulations that have created significant additional burdens on business but that have had limited impact on health or safety?


Question 6: To what extent does the concept of ‘reasonably practicable’ help manage the burden of health and safety regulation?


Question 7: Are there any examples where health and safety regulations have led to unreasonable outcomes, or to inappropriate litigation and compensation?


Question 8: Are there any lessons that can be learned from the way other EU countries have approached the regulation of health and safety, in terms of (a) their overall approach and (b) regulating for particular risks or hazards?


Question 9: Can you provide evidence that the requirements of EU Directives have or have not been unnecessarily enhanced (‘gold-plated’) when incorporated into UK health and safety regulation?


Question 10: Does health and safety law suitably place responsibility in an appropriate way on those that create risk? If not what changes would be required?


Freedom of Information

The information you send us may be referred to in the published report. All information contained in your response may be subject to publication or disclosure if requested under the Freedom of Information Act 2000. By providing personal information for this review it is understood that you consent to its disclosure and publication. If this is not the case, you should limit any personal information provided or remove it completely. If you want the information in your response to be kept confidential, you should explain this as part of your response, although we cannot guarantee to do this.

Independent review of health and safety legislation – response form

Respondent details

NameAddress


TelephoneEmailOrganisationEmployer □

Trade Union □

Trade Association □

Other Representative Body □

Professional Organisation □

Other (please specify) □ PositionIf employer:Size of employer

(no. of employees)

0-49 employees □

50-249 employees □

250+ employees □SectorPublic Sector □

Private Sector □

Third Sector □Industry (if known)Agriculture □

Construction □

Education □

Extractive and Utility Supply □

Health and Social Work □

Hotels and Restaurants □

Manufacturing □

Public Administration □

Transport, Storage and Communication □

Wholesale and Retail □


Review questions

Question 1: Are there any particular health and safety regulations (or ACoPs) that have significantly improved health and safety and should not be changed?


Question 2: Are there any particular health and safety regulations (or ACoPs) which need to be simplified?


Question 3: Are there any particular health and safety regulations (or ACoPs) which it would help to merge together and why?


Question 4: Are there any particular health and safety regulations (or ACoPs) that could be abolished without any negative effect on the health and safety of individuals?


Question 5: Are there any particular health and safety regulations that have created significant additional burdens on business but that have had limited impact on health or safety?


Question 6: To what extent does the concept of ‘reasonably practicable’ help manage the burden of health and safety regulation?


Question 7: Are there any examples where health and safety regulations have led to unreasonable outcomes, or to inappropriate litigation and compensation?


Question 8: Are there any lessons that can be learned from the way other EU countries have approached the regulation of health and safety, in terms of (a) their overall approach and (b) regulating for particular risks or hazards?


Question 9: Can you provide evidence that the requirements of EU Directives have or have not been unnecessarily enhanced (‘gold-plated’) when incorporated into UK health and safety regulation?


Question 10: Does health and safety law suitably place responsibility in an appropriate way on those that create risk? If not what changes would be required?


Any other comments/evidence?


Please attach further additional sheets as necessary.

Annex A – List of Statutory Instruments (regulations) owned by HSE and primarily enforced by HSE and Local Authorities, and Associated Approved Codes of Practice

[2]

Name of RegulationYearS.I. no.SubjectThe Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2010 [3]20102840Biosafety [4]Control of Artificial Optical Radiation at Work Regulations 2010 (S.I. 2010/1140) [5]20101140Radiation[6]Agriculture (Safety, Health and Welfare Provisions) Act 1956 (Repeals and Modifications) Regulations 1975 (S.I. 1975/46)197546Agriculture[8]Agriculture (Tractor Cabs) (Amendment) Regulations 1990 (S.I.1990/1075) [9]19901075Agriculture[10]Agriculture (Tractor Cabs) Regulations 1974 (S.I. 1974/2034)19742034Agriculture[11]Anthrax Prevention Order 1971 etc (Revocation) Regulations (S.I. 2005/228) [12]2005228Infections[13]Biocidal Products (Amendment) Regulations 2003 (S.I. 2003/429) [14]2003429Biocides[15]Biocidal Products Regulations 2001 (S.I. 2001/880) [16]2001880Biocides[17]Biocidal Products (Amendment) Regulations 2005 (S.I. 2005/2451) [18]20052451Biocides[19]Biocidal Products (Amendment) Regulations 2007 (S.I. 2007/293) [20]2007293Biocides[21]Biocidal Products (Amendment) Regulations 2010 [22]2010745Biocides[23]Borehole Sites and Operations Regulations 1995 (S.I. 1995/2038) [24]19952038General[25]Celluloid and Cinematograph Film Act 1922 (Exemptions) Regulations 1980 (S.I. 1980/1314)19801314Fire[26]Celluloid and Cinematograph Film Act 1922 (Repeals and Modifications) Regulations 1974 (S.I. 1974/1841)19741841Fire and explosion[27]Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689) [28]20021689CHIP[29]Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2005 (S.I. 2005/2571) [30]20052571CHIP[31]Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008 (S.I. 2008/2337) [32]20082337CHIP[33]
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