Sanity Check: Young Review offers hope in cutting through red tape of Health and Safety legislation

Michelle Di Gioia is a Health and Safety expert with commercial solicitors Thomas Eggar LLP. Here she discusses the ongoing Young Review of Health and Safety legislation and the potential impact this could have.

David Cameron tackled the issue of Health and Safety legislation early on in his tenure at number 10, stating: “We need a sensible new approach that makes clear these laws are intended to protect people, not overwhelm businesses with red tape.” In a move that angered some trade unions, he appointed the former Trade and Industry Secretary Lord Young of Graffham to investigate concerns over the application and perception of Health and Safety legislation. Although trade unions are concerned that the result of the review will be a swing away from the rights of the employee to the employer, businesses are also worried about the prospect of further change and the costs this can engender. At a recent debate at a Cadia Gatwick Diamond Business Association event, businesses representing over 20,000 employees across the region expressed their concerns about the impending changes and sought to have their voices heard as part of the consultation. The issue is not just the fact that the costs of any Health and Safety measures should be proportionate for employers – something which employers of all sizes feel quite strongly – but also that the system needs to be reformed to take common sense into account. The key to all of this is not necessarily more or less rules. It is more guidance that is needed and clearer communication with employers. Records show that personal injury claims have decreased in the last ten years, but employers - convinced by hysterical press coverage and baffled by a labyrinthine set of rules – often go above and beyond what the legislation has provided for. The law currently puts all the onus on the employer to carry out a risk assessment where they are liable for imagining and protecting against every conceivable risk. A more common sense approach to this area could significantly reduce this burden to ensure that employers are making sure that their staff have a safe work environment to work in whilst not spending undue amounts of time and money worrying about what might never happen. Whatever Lord Young’s recommendations, the good news is that he has been listening to the industry. The results of the recent Cadia debate - and many others like them across the country - will all be fed into the review and those opinions taken into account in the production of the final report. At Thomas Eggar we will not just be watching closely for the results, we’ll be doing everything we can to make sure that the industry ensures that its voice is heard during this consultation process. Lord Young has pledged to “reintroduce an element of common sense and focus on regulation where it is most needed.” It will be a welcome move from the Government to deliver on such a pledge, and we all have a part to play in contributing to the consultation and holding them to account on whether they deliver on their promises.

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