A new statutory code aimed at curbing unnecessary health and safety inspections at local-authority level comes into effect today (29 May).
The HSE’s National Enforcement Code for local authorities will guide local-authority inspectors in carrying out targeted proactive checks on higher-risk activities in specified sectors, or where there is intelligence of workplaces putting employees, or the public at risk.
Tens of thousands of low-risk businesses, including most shops and offices, will be exempt from proactive health and safety inspections altogether.
Checks will continue on poor performers and at sites where there are higher-risk activities, such as cooling towers, where legionella bacteria can develop, and buried liquefied petroleum gas (LPG) pipes, which can present an explosion risk if corroded.
Other high-risk sectors include high-volume warehousing and distribution, large-scale public events and leisure facilities, and premises where staff may be vulnerable, such as betting shops, off-licences and care settings.
Employment minister Mark Hoban said: “We need health and safety that protects people where there are real risks but doesn’t stifle businesses. There are too many examples of local councils imposing unnecessary burdens by inspecting low-risk businesses. This new code should put a stop to this by putting common sense back into the system.”
The code is the Government’s response to a recommendation by Professor Löfstedt, who, in his report ‘Reclaiming health and safety for all’, proposed that the HSE be given a stronger role in directing Local Authority health and safety inspection and enforcement activity. It is also informed by the findings from the Red Tape Challenge on health and safety.
The HSE, which has also reduced its proactive inspections in lower-risk sectors to allow it to focus resources more on high-risk industries, will be working with local authorities to ensure the code is successfully implemented.
The regulator’s chair, Judith Hackitt, said: “Real improvement in safety performance will come from targeting those who put their employees at greatest risk.
“Local inspectors have a very important role to play in ensuring the effective and proportionate management of risks by businesses, and the code is designed to guide them to do this. It sets out how targeting should be achieved, providing certainty for both businesses and regulators.”
However, the British Retail Consortium is not convinced the code will have the desired effect. A spokesperson for the organisation said: “We’re in favour of LA regulators taking a more proportionate, consistent, risk-based approach to enforcement, but we’re not convinced this code will have a significant impact because there is already a lot of advice out there for regulators.
“We would like to see a culture among LA regulators that is based on common sense and is consistent, and follows the principles set out in this code.”
Low-risk businesses will have the opportunity to complain to the Independent Regulatory Challenge Panel if they feel they are being unreasonably targeted. The panel, which was set up last year to enable a business to challenge specific health and safety regulatory advice they believe to be unreasonable, or disproportionate, will investigate and issue a public judgement.
The code is given legal effect as HSE guidance to Local Authorities under section 18(4)(b) of the HSWA 1974 and applies to England, Scotland and Wales. It can be found at www.hse.gov.uk/lau/publications/la-enforcement-code.htm
I take offense to the words ‘restrain’ and ‘unecessary’ in this piece as such words are reinforcing and encouraging the belief that H&S is somehow wrong
I strongly advise that professional H&S people are consulted when journalists are constructing pieces as it’s as if the SHP is a right wing paper!
as for low risk – just ask shop owners if they see themselves as low risk especially with regards to violence from the public!!!