Terms of reference for review revealed
20 April 2011
THE draft terms of
reference for governing the independent review of health and
safety legislation announced last month have been published.
The review, led by Professor Ragnar Löfstedt
(pictured), will look at how the burden of health and safety
legislation can be cut for UK businesses without increasing risks
in the workplace.
The Department for Work and Pensions said the
review would gather evidence from “key stakeholders”, including
Government bodies, employers’ organisations, professional health
and safety bodies, and academics.
The aims are to determine:
- the scope for consolidating, simplifying or abolishing
regulations;
- whether the requirements of EU Directives are being
unnecessarily enhanced (‘gold-plated’) on translation into UK
law;
- if lessons can be learned from comparison with health and
safety regimes in other countries;
- whether there is a clear link between regulation and positive
health and safety outcomes;
- if there is evidence of inappropriate litigation and
compensation arising from health and safety legislation; and
- whether changes to legislation are needed to clarify the legal
position of employers in cases where employees act in an
irresponsible manner
In conducting the review, Prof Löfstedt will be supported by an
advisory panel, comprising John Armitt, chair of the Olympic
Delivery Authority, Sarah Veale of the TUC, and Dr Adam Marshall of
British Chambers of Commerce, as well as legislature
representatives of the three main parties.
The review is expected to report to Employment Minister Chris
Grayling in the autumn.
IOSH policy and technical director Richard Jones said: “We are
pleased that the terms of reference have been sorted out. At least
we know now exactly what they are going to be looking at and who is
on the panel.
“There are no surprises about their consideration of consolidating,
simplifying and abolishing regulations – we knew about that. But
what is slightly surprising is that they are trying to find
evidence about ‘gold plating’ when at least two previous studies
have found that there is no problem with gold plating in this
country.
“This emphasis, on trying to look at employees acting in an
irresponsible manner, well, the law as it stands already deals with
that.
“We look forward to having some involvement in it but it’s not
clear yet what the mechanism will be for involving the
profession.”