Review of Health and Safety

Monday 8th November 2010

Lord Young has published his report, Common Sense Common Safety.  The report aims to restore confidence in health and safety laws and address the common view that there is a growing compensation culture for even minor accidents, affecting schools and businesses who "operate their health and safety policies in a climate of fear".

Lord Young highlights concerns that even low risk activities are avoided for fear that huge amounts of compensation are "awarded for trivial reasons". Lord Young also blames the high number of claims management companies advertising 'no win, no fee' services for adding to this belief that we have a growing compensation culture.

The report proposes a simplification of health and safely laws, making them proportionate and reducing the burden of red tape and risk assessments on small businesses and schools, in particular. At the same time, Lord Young recognises the importance of the right to bring legitimate injury claims, aiming to simplify the process for low value claims.

Key proposals in the report include:

• Controlling the volume and type of advertising by claims management companies and restricting their operation;
• Making the risk assessment procedure for low risk workplaces much simpler. Checklists and forms will be available on the HSE's website;
• Exempting employers from the need to carry out risk assessments for staff who work from home in a low risk setting;
• Setting up an online register of accredited health and safety consultants;
• Introducing a single consent form for school pupils to cover the full range of activities they may take part in;
• Requiring local authority officials who ban events on health and safety grounds to put their reasons in writing;
• Allowing members of the public to challenge decisions to ban events on health and safety grounds by referring them to an Ombudsman;
• Combining the range of health and safety regulations into a single set of regulations to make them more accessible and easier to navigate; and
• Extending the new procedure for traffic accidents under £10,000 to other types of personal injury claims to provide a simple 3-stage process which can be accessed online, with fixed costs at each stage. Lord Young will also examine whether this approach can be used for low value clinical negligence claims.

"In these difficult economic times, businesses need to focus on the quality of their products and services, rather than filling out forms and carrying out lengthy risk assessments. Local authorities and schools will also benefit from a review of current health and safety laws, if it  allows them to take a common sense approach to organising activities and events.

"Making the law more straightforward and stripping out bureaucracy will help potential Claimants too, as they will have a better understanding of their rights and responsibilities.

"The new system for Road Traffic Claims of under £10,000 is still in its infancy. We are not yet sure how well it could work for other lower value personal injury claims, but the initial indications are that the system is working reasonably well.

"Alongside the recent review of civil litigation and costs carried out by Lord Jackson, this report should be welcomed by both Claimants and Defendants in personal injury cases, if the result is to be greater clarity in the law and a more straight forward and accessible legal claims system for individuals and businesses."