‘Elf and Safety is

under attack

How are we going to fightback?

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• Since the 2010 election Health and Safety in the workplace has come under massive attack from a purely ideological perspective, and continues to be under threat from tory dogma. These attacks were justified by media claims that “’elf and safety has gone mad”.

• So what can we do to challenge this erosion of Health and Safety Regulations?

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• The workshop will consider the myths and misinformation that have poisoned the public perception of Health and Safety during recent years.

• We will examine the erosion of H&S protection since 2010 and will discuss ways in which a more positive Workplace Safety agenda can be promoted.

• We will be exploring ideas for campaigning and influencing, learning from your experiences, both the successful and the not so successful! In conclusion we hope to develop a toolbox of ideas to help you in campaigning for Health and Safety at Work.

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Truth or myth? 1. Health & Safety Regulations ban the use of ladders. 2. Schoolchildren are not allowed to use egg boxes in craft lessons. 3. Local councils have banned hanging baskets on H&S grounds. 4. Employers have become ‘risk averse’ and overly cautious because of

fear of H&S Regulations. 5. Schools have banned conkers or demanded children wear goggles. 6. Firemen’s poles have been banned on health & safety grounds. 7. During the Battle of Trafalgar commemoration, the actor playing

Nelson had to wear a life jacket over his costume. 8. There are now more regulations and red tape than ever, 9. A Local Authority ordered the removal of St George’s flags from outside

shops on safety grounds. 10.A church had to spend £1,300 to change their light bulbs because of

health and safety regulations. 11.Small business are being strangled by over-inspection and regulation. 12.Trapeze artists will be forced to wear hard hats 13.Health & Safety Regulations have fuelled a huge rise in compensation

claims.

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Why do we have Health & Safety Laws?

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Factory Workers 1860 10

Pit Brow Girls 1896 WIGAN

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Employers against reform

• Improvement in conditions would cause unemployment.

• Improvement would give advantage to foreign competitors

• Improvement would reduce profits

• Government should not interfere with business

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Has health and safety regulation

worked?

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http://www.hse.gov.uk/statistics/history/index.htm

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So everything in the workplace is now O.K.?

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HSE death figures seriously underestimate the problem • Do not include

• work-related traffic accidents (1,000+)

• suicide due to stress at work (250?)

• deaths at sea or in the air (30?)

• deaths from illness caused by working conditions (20,000-50,000?)

• non-workers killed by work activities

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Source: Hazards Campaign

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Is Health & Safety Regulation a ‘burden on business’?

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The arguments

Economic arguments

• ‘Every day they battle against a tide of risk assessment forms and face the fear of being sued for massive sums. The financial cost of this culture runs into the billions each year. So this coalition has a clear New Year’s resolution: to kill off the health and safety culture for good. “

•David Cameron

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The arguments

Economic arguments • ‘ Compliance cost to

industry is £374 million a year and costs jobs’

• ‘BUSINESSES will quit the UK, leading to widespread job losses, unless crazy health and safety rules are scrapped, a minister will warn today,’

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Costs to Britain of Workplace Injuries and Work-related ill-health: 2010/2011 Update (HSE)

Burden on business?

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The arguments

•Arguments of process •Health and Safety

enforcement is heavy handed •Low risk workplaces

don’t need the bureaucracy caused by H&S regulation

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The ‘anti’ arguments

• 'HEALTH AND SAFETY HAS GONE MAD'

• 'THE PROBLEM IS THE COMPENSATION CULTURE

• 'SELF-ENFORCEMENT IS THE WAY FORWARD'

• 'SAFETY LAWS ARE A BURDEN ON BUSINESS'

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Health & Safety gone mad?

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Compensation culture?

• Fewer than 1 in 10 victims get compensation

• Number of claims 1/3 of number 10 years ago

• Only a tiny proportion of victims seek compensation

• Legal hurdles are high and increasing

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Self-enforcement the answer?

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What is the Government policy on health and safety protection?

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2010 • 14th June: Lord Young asked to review H&S

Law in light of ‘compensation culture’

• 1st Sept: Cable’s 1 in 1 out plan effected

• 14th Oct: Young reports

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2011 • 17th Feb: Cameron announces review into

“sicknote culture”

• 8th March: 35% cut in HSE budget announced

• 25th March: Grayling announces slashing of H&S inspections by one third

• 7 April: ‘Red Tape Challenge’ launched

• 21 Nov: Carol Black review

• 28th Nov: Lofstedt Review published

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What did Lofstedt say? • ‘I have (not) heard any evidence to suggest that there is a

case for … stripping back current H&S regulation.’

• ‘Previous studies…found little hard robust evidence that it (gold-plating)is a widespread problem.’

• ‘ Businesses can benefit from and value inspections.’

• ‘9 out of 10 employers see HSE as a ‘helpful’ organisation’

• ‘No evidence has been found for its (‘compensation culture’s’) existence.’

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2012 • 6th April: Change from 3 day to 7 day reporting under

RIDDOR

• 19th June: Grayling ignores Lofstedt: will cut H&S regulation by 50%. Inspections only on “risky” workplaces.

• 16th Aug.: Director of Laing O’Rourke, (known blacklisting firm) appointed to HSE

• 17th Oct: Proposal to change 114 year old law on employer strict liability

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2013

• No right to claim for “breach of statutory duty” under H&S legislation

• De-regulation exempting Self Employed in “low risk” occupations

• Withdrawal of some Approved Codes of Practice ( ACoPs) eg hazardouse substances

• Changes to RIDDOR “simplified and shortened list of reportable injuries

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2014

• TTIP

• hse board no tu reps

• commericalisation of hse

• sme exemption

• legal aid cuts to PI Claims

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2015

• Enterprise Bill published cutting “red tape”

• Trade Union Bill attacking facility time and downgrading protections for H&S reps

• EU employment law opt out sought

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What are the consequences?

• More deaths?

• More work-related illnesses?

• More work-related accidents?

• More ‘cowboy‘ employers?

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• So what can we do about this sustained attack on Health and Safety legislation that is being dismantled before our eyes

• What spheres of influence can we use

• What tactics can we use

• Or are we impotent in this fight?

• Do we give up ?

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• Your mission today is to put your thinking caps on

• share your inspiring ideas

• plan your campaigns

• Think outside the box!

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What have you done or seen done to challenge the erosion of Health and safety regulation?

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•What are the areas and institutions that we need to influence?

•Who are the people we need to influence?

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• The big question??

• What can you, we, us do to change perceptions on Health and Safety and challenge govt and business agenda

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