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Update on Löfstedt Review and Red Tape Challenge. Anthony Lees HSE Construction Policy Unit. Better regulation policy. Government better regulation strategy June 2010 – Lord Young review October 2010 – ‘Common Sense, Common Safety’ February 2011 – Ministerial Statement

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update on l fstedt review and red tape challenge

Update on Löfstedt Review and Red Tape Challenge

Anthony Lees

HSE Construction Policy Unit

better regulation policy
Better regulation policy
  • Government better regulation strategy
  • June 2010 – Lord Young review
  • October 2010 – ‘Common Sense, Common Safety’
  • February 2011 – Ministerial Statement
  • May 2011 – Löfstedt – call for evidence
  • November 2011 – Report and Government response
better regulation policy1
Better regulation policy
  • April 2011 – Red Tape Challenge
  • Health and Safety theme
  • July 2011 – ‘spotlight’ period
  • 2012 – ‘Star Chamber’ process
  • Lofstedt and RTC implementation: 2011-2015?
l fstedt report themes
Löfstedt Report - themes
  • Specific revocations and consideration of further consolidation
  • Review of all ACoPs
  • Self-employed exemption
  • Civil liability and strict liability regulations
  • Improving quality and consistency of local authority enforcement
  • Influencing Europe to ensure legislation is risk-based
l fstedt recommendations observations
Löfstedt recommendations – observations
  • HSE welcomes the report
  • Opportunity to improve regulation
  • Impact limited on higher risk sectors
  • Does not dilute standards
  • Some uncertainty over implications of future work
specific revocations
Specific Revocations
  • Two tranches of specific revocations
  • 1st tranche – 7 Statutory Instruments - consultation closed
  • 2nd tranche – 14 Statutory instruments - consultation opens early April
  • Three construction-specific Regulations
    • Construction (Head Protection) Regulations 1989
    • Notification of Conventional Tower Cranes Regulations 2010 + amendment
construction head protection regulations 1989 rationale
Construction (Head Protection) Regulations 1989 - rationale
  • Regulations have largely delivered what they set out to
  • Head protection culturally-embedded in industry practice
  • Equivalent protection offered under PPE Regulations
  • Behaviours unlikely to change
  • Existing exemption retained
notification of conventional tower cranes regulations 2010 rationale
Notification of Conventional Tower Cranes Regulations 2010 - rationale
  • Rationale for introduction
  • Target public assurance, not health and safety
  • Existing legislation provides adequate framework for assurance of integrity
  • Non-regulatory work has improved standards
  • Have not delivered expected benefits
  • Costs substantially higher than expected
specific revocations process
Specific revocations - process
  • Standard 12 week public consultation
  • Backed by impact assessments (form part of consultative document)
  • Subject to committee scrutiny and Ministerial approval
  • Any revocations expected later this year
  • Need to publicise revocations and implications – industry support welcome
review of acops
Review of ACoPs
  • ACoPs have basis in Robens Report
  • Intended to add precision in the context of goal-setting legislation
  • Wide support for ACoPs, but concerns over length and complexity
  • Focus should be on assisting SMEs
review of acops1
Review of ACoPs
  • Review willl determine whhether each ACoP:
    • Is still required
    • Gives unambiguous guidance about what is required
    • Is up to date
    • Is presented in the most apropriate way
  • CDM ACoP outwith
  • Timings
self employed exemption
Self-employed exemption
  • Specific recommendation in Löfstedt
  • Cannot apply to construction work due to Directive basis of CDM
  • Intended to apply to low-risk activities
  • Explicitly will not apply to construction
civil liability and strict liability requirements
Civil liability and strict liability requirements
  • Löfsted concern over extent of right of civil action under regulations: fear of civil action provides a perverse incentive to employers
    • Pre-action protocols (‘Woolf lists’)
    • Strict liability
  • Use of pre-disclosure lists to be restated and clarified
  • Strict liability to be examined and either tempered by SFAIRP, or right to civil action restricted
other specific recommendations
Other specific recommendations
  • CDM
  • Challenge Panel(s)
  • Work at Height Regulations 2005
l fstedt cdm 2007 recommendation
Löfstedt: CDM 2007 recommendation
  • Löfstedt said little about CDM – he was aware of the review
  • Effectively recommended that HSE should now publish the CDM evaluation report
challenge panels
Challenge Panels
  • Recommended an independent panel to allow challenge of decisions
  • HSE will form two panels
    • January 2012 – Independent Regulatory Challenge Panel
    • Later 2012 – ‘wider’ challenge panel
work at height regulations
Work at Height Regulations
  • Löfstedt recommended review of WAHR
    • Regulations are risk based, but poorly understood and applied – the ‘2m rule dilemma’
    • Particularly an issue for SMEs
    • Elements of gold plating – eg stepladders
  • Ministerial interest in how WAHR is misapplied or burdensome
  • Construction fully played into review
red tape challenge
Red Tape Challenge
  • Comments made to RTC were considered by Löfstedt
  • Significant amount of discussion between departments and Ministers – ‘Star Chambers’
  • Process described on RTC website
  • 3 meetings so far, more planned