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Analysis of the Lord Young Report“Common Sense, Common Safety”
10 November 2010
Heather BeachMark Tyler
Rachel JonesIan Clements
Barbour EHSShook, Hardy and Bacon International LLPAAQuadriga
Barbour EHS• Barbour has been providing reference information
and tools to health and safety professionals for over 40 years.
• Part of large media group – United Business Media (also owns SHP magazine and IOSH show)
• Information services – 3rd party library and tools and resources
• Competent person services• GAP analysis• Helpline
Barbour EHS
Barbour is used by over 1000 blue chip organisations and enforcement agencies
“Our goal is to ensure a cost effective approach to H&S risk management”
http://www.barbour-ehs.com/consultancy
[email protected] 899310
Compensation culture and legal issuesMark Tyler | Partner | Shook, Hardy & Bacon International LLP
Shook, Hardy & Bacon International LLP+44 (0) 20 7332 [email protected]
10 November 2010
Compensation culture
“The problem of the compensation culture prevalent in society today is one of perception than reality”
“Business now operate their health and safety policies in a climate of fear”
• The ‘Access to Justice’ agenda – Conditional Fees and After Event Insurance
• Barrage of aggressive and inappropriate advertising
Compensation culture cures
• Curb the volume and content of claims advertisements
• Implement Lord Justice Jackson’s report on the reform of civil litigation costs
• Extend the Road Traffic Accident Injury Scheme
• Clarify absence of liability of ‘good Samaritans’• Remove ambiguities in HSE enforcement policy for police
and fire fighters’ exposure to risks from heroic acts
Local authority accountability
• LA officials who ban events to give written reasons
• Citizen redress: – internal reviews – fast-track appeals to
Ombudsman, – compensation where wrongly
banned events cannot be re-instated
Key milestones
Autumn
Launch of Ministry of Justice’s consultation on Lord Justice Jackson’s recommendations relating to reform of civil litigation
Ministry of Justice
Autumn Publication of snow clearing guidance* Department of Transport
October
Highlighting the existing jurisdiction of the Local Government Ombudsman in the event of an event cancellation by local authority officials
Local Government Ombudsman
* See http://www.direct.gov.uk/en/Nl1/Newsroom/DG_191868
Impact on Low Risk Activities
Rachel Jones
• HSE to promote common sense approach
• Application of H&S is proportionate to risk
• Consultants – qualified & accredited
Safety Management
Risk Assessments• HSE to provide
simpler interactive risk assessments
• Exempt risk assessments for home workers in low hazard environments
• Exempt self employed in low hazard environments
H&S Legislation
• HSE to produce ACOP specifically for SME’s undertaking low risk activities
• Amend RIDDOR to extend over 3 day incidents to over 7 day
• Consolidate H&S regulations into a single accessible set
• UK to lead in ensuring EU legislation is not overly prescriptive, is proportionate and does not aim to eliminate all risks.
Key Milestones
October 2010
Launch of Office Risk Assessment Tool
HSE
November 2010
Launch of Classroom Risk Assessment Tool
HSE
December 2010
Launch of Shop Risk Assessment Tool
HSE
Early 2011 Consultation on new system for assessing H&S standards for larger, multiple outlet Companies
HSE
Key MilestonesJanuary
2011
Consultation on RIDDOR HSE
January
2011
Launch wed based Consultant Directory
HSE
March
2011
Consultation on consolidation of legislation into a single set
HSE / Dept for Work and Pensions
June
2011
Code of Practice for SME’s engaged in low risk activities
HSE / Dept for Work and Pensions
Lord Young Report
Ian Clements, BSc MSc CEng MIET CMIOSHManaging Director, Quadriga Health & Safety Ltd
Lord Young Report – Consultant Accreditation• Perception of problems caused by unqualified health and
safety consultants
• Voluntary scheme up and running by January 2011
• Chartered Status required with CPD
• Possibility of further regulation
• HSE continuing with anti-consultant publicity in myth of the month
• The voluntary scheme will mirror the existing IOSH consultant register
Lord Young Report – Consultant Accreditation• The scheme will be an obvious advantage to competent well
organised consultancies and should root out amateurs
• There is no consideration given at all to development of trainee staff within consultancies, working under supervision. The assumption seems to be that all consultants are one person organisations
• Optional lower level control proposed (technician status) for in-house safety advisers
• There seems to be no consideration given of the difference between an in-house adviser giving advice on a high risk activity compared with a consultant giving advice on a low risk activity. Under the proposals the latter would require a higher level qualification than the former
Lord Young Report – Insurance Requirements
• The report indicates that the requirements for some insurance companies to have consultant-based risk assessments for low risk SMEs should cease
• Quadriga has never come across such a requirement ever being imposed on a low risk business
• It is more likely that such assessments are required for those undertaking construction work or having an interface with children
Lord Young Report – HSE Interactive Risk Assessment
• The report advocates that for low hazard operations the HSE should produce an Interactive Risk Assessment so that low risk workplaces are provided “with a straightforward way of knowing that they have achieved the required standards to meet the goals set out in the regulations”
• The HSE has produced an interactive assessment, which can be quickly seen by anyone with even rudimentary training to be completely inadequate to meet many basic legal requirements
Lord Young Report – HSE Interactive Risk Assessment
• The report emphasises the importance of professional competence of those advising on health and safety and appropriate disciplinary action for poor professional standards
• The interactive assessment is so poor that if it has been produced or authorised by anyone even partially professionally qualified then it would seem appropriate disciplinary action to be taken by their professional body
Lord Young Report – HSE Interactive Risk Assessment
• Far from giving assurance of compliance, the interactive checklist is likely to create a false sense of security and lead to small businesses and their directors being prosecuted after the event for issues such as:
• No statutory inspections for their passenger lift
• No Legionella controls
• Failing to use a gas safe registered engineer for gas safety inspections
• Not providing any fire extinguishers
• Not servicing the fire alarm using a competent contractor
Heading
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Lord Young Report – Other Issues
• Simplification of educational visits - single consent form
• Combination of food hygiene and health and safety inspections
• Mandatory participation in local authority food hygiene scheme (scores on the doors equivalent)
Analysis of the Lord Young Report“Common Sense, Common Safety”
Questions & Answers
Barbour [email protected]
Heather BeachMark Tyler
Rachel JonesIan Clements
Barbour EHSShook, Hardy and Bacon International LLPAAQuadriga
Prosecutions by HSE 1999 -2010
