www.tuc.org.uk
Beyond
Löfstedt
Hugh Robertson
TUC
www.tuc.org.uk
TUC view on Lofstedt
• Must separate the Government hype over the
report from the actual report.
• Most of it was positive, sensible and evidence
based.
• Reinforced the union view that health and
safety is not a burden.
• Mainly what HSE already doing.
• We do not oppose simplification. We do
oppose anything that reduces protection.
• Some disagreements over some detail,
especially over self employed
• Real issue is the remit
www.tuc.org.uk
Lofstedt - Remit
“The review will consider the opportunities for
reducing the burden of health and safety
legislation on UK businesses whilst maintaining
the progress made in improving health and safety
outcomes.”
• Like the Young report, it was limited to looking at
the “burden” of regulation
• Like Young, it found that the current framework
was fit for purpose and there was no evidence of
excessive regulation, or of a compensation
culture.
www.tuc.org.uk
Government view
Despite that the Government still thinks
that:
• There is excessive regulation
• There is excessive enforcement
• Business is over-compliant – often due to
consultants
• There is a compensation culture that makes
companies risk-averse.
www.tuc.org.uk
Are we over regulated?
 Complex, unnecessary or impractical
regulations are, at best useless.
However
• HSE simplification exercise – with support
from unions and employers
• 46% fewer regulations now that there were
35 years ago.
• 57% reduction in number of forms used
• Average business spends 20 hours and just
over £350 a year on risk assessment (BIS)
www.tuc.org.uk
Levels of enforcement
• HSE prosecutions have fallen from 1,986 in
2001/02 to 1,026 in 2009/10
• Average fine for H&S cases - £14,614 for HSE
cases and £5,607 for LA cases
• FOD made 23,000 inspections in 2008/09 - for
884,000 premises – this is likely to fall further.
www.tuc.org.uk
Inspection policy
 Published “Good Health and Safety,
Good for Everyone” in March 2011
 Inspections to be reduced further by
the cuts.
 No proactive inspections of “low risk
premises” – this will reduce proactive
inspections by a third.
 “Low risk” is a myth based on a
believe that only safety counts.
www.tuc.org.uk
Importance of inspections
 Possibility of a visit is an important factor in
ensuring compliance.
 If a visit can only happen after an injury it will be
counter-productive. Most employers do not think it
will happen to them.
 Will also lead to under-reporting
 TUC research shows that 61% of employers make
improvements because of the possibility of a visit.
 Visits are not necessarily seen as negative by
employers. Over 90% found HSE a “helpful”
organisation
 When an enforcement notice is served 70% go
beyond just the minimum required for compliance.
www.tuc.org.uk
Over-compliance?
 Over half of businesses have not done a basic
risk assessment
 Reliance on consultants will increase as
inspection numbers go down and access to
information folds.
 However is it a major issue?
 Should we be promoting simply compliance
or best practice and continual improvement?
www.tuc.org.uk
Compensation culture
 Personal Injury claims by workers have fallen
by 64% in 10 years.
 Only one in ten workers entitled to claim
does so.
 Government making it harder (Legal aid bill)
 Yet compensation claims are an important
driver for safety – force insurers to act and
bring issues to notice of employers.
www.tuc.org.uk
What this means in practice
 HSE stated “the expected 'lower level of
enforcement' would mean 'a consequent
decrease in health and safety standards
throughout Great Britain, with ensuing costs
to society.”
 Biggest effect will be in occupational health
www.tuc.org.uk
Occupational health
 171 workers killed at work last year
 8,000 died from cancer and 4,000 from COPD
 70% of work related sickness absence due to
MSDs and stress
 Occupational health is by far the biggest
issue
 Yet – not mentioned once in Young review,
“Good Health and Safety, Good for Everyone”
or the government response to Lofstedt.
www.tuc.org.uk
Why emphasis on safety?
 Many occupational diseases only manifest
after 10-40 years
 Injuries and immediate fatalities higher
profile
 Policy determined by public perception
 Politicians are mainly concerned about what
happens “on their watch”
 At times of economic pressure, priority is
things that go bang and immediate fatalities.
 Will have huge consequences for the future of
health and safety.
www.tuc.org.uk
Role of unions?
 Less inspectors and inspections
 H&S reps cannot replace inspectors but can
be “eyes and ears”
However  Reductions in safety representatives ability
to enforce rights to training and protect from
victimisation.
 Assault on “facility time”
 Other priorities in public sector (pensions and
cuts)
 Less support from HSE.
www.tuc.org.uk
Summary
 Regulation must be simple, relevant
and effective to work
 Must be enforced.
 Should aim at best practice
 Business needs good support and
guidance
 Resources should be targeted at what
will have most effect
 Role of H&S reps needs enhanced
 Health and safety too important to be
left to politicians.