The Health and Safety Executive is inviting businesses to comment on how key Approved Codes of Practice can be improved to give employers better guidance on how to comply with safety laws.
Approved Codes of Practice (ACoPs) provide practical guidance on complying with the general duties of the Health and Safety at Work etc. Act 1974 (HSWA) or the requirements of any goal-setting regulations.
Importantly, ACoPs provide a degree of certainty to employers: if the guidance in ACoP material is followed duty holders can be confident they are complying with the law. By setting out preferred methods or standards to achieve compliance and by clarifying what is required by terms such as suitable, sufficient or adequate, they therefore provide a much needed land-map through what can be a difficult area to comply with.
Background
Back in November 2011, Professor Löfstedt's independent review of health and safety legislation, entitled Reclaiming health and safety for all, set out to investigate the proportionality of the currently utilised health and safety systems within the UK. One of the recommendations was for the HSE to review the ACoPs currently in force.
The report recognised that there is a wide base of support for the principles of ACoPs and saw them as a vital part of the system, forming a key link between goal setting legislation and guidance. However, as with countless other areas analysed by Lofstedt, the report concluded that there was undoubtedly room for improvement. Having conducted an initial review of those ACoPs identified in Lofstedt's report, the HSE has now identified those ACoPs ripe for improvement.
What does the consultation cover?
The consultation document published on 25 June 2012 builds upon the HSE's initial review and has identified 15 ACoPs that HSE proposes to revise, consolidate or withdraw in accordance with Professor Löfstedt's recommendations. Among those ACoPs listed for revision, review or consolidation are a number of key safety publications such as the Management of health and safety at work, Legionnaires' disease, The management of asbestos in non-domestic premises and Workplace health, safety and welfare.
The consultation also goes on to invite views on a further 15 ACoPs where minor revisions or no changes are proposed. It also proposes changes intended to limit all documents to a maximum length of 32 pages in order to streamline the ACoPs.
The underlying theme running throughout these proposals appears to be to drill down into the 'generic guidance' in order to provide the real practical guidance that the ACoPs were intended for. It must be clearer to duty holders what they must to do to comply with legal requirements. There is also recognition that methods chosen to achieve compliance will vary according to the size and nature of the business – the one size fits all approach is simply unworkable within the safety arena.
There has been much publicity on the perceived need to reduce the burden of compliance placed upon businesses. However, many agree that what is in fact required is a clearer understanding by businesses and their advisors as to what the law actually requires. To provide genuine protection for workers and the public, regulation needs to be easy to understand, administer and enforce. The refocusing and streamlining of practical guidance to businesses is therefore a welcome development.
How can I get involved?
Those affected by these changes are encouraged to get involved with consultation process and provide feedback on how the ACoPs can be designed to provide then with effective guidance as to what they must to do to comply with their duties under the Health and Safety legislation.
Crisis Response
DWF's Crisis Response Service provides businesses with 24/7 access to regulatory lawyers, media experts and specialists in employee well-being in the event of a business crisis (such as a fatality on site), free crisis response updates by email and access to a dedicated workshop programme, free of charge. For more information click here.
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