Legislation for Accident Investigation Scrapped

The Health and Safety Executive (HSE) will not be recommending legislation requiring employers to investigate the causes of accidents and ill-health in the workplace. Instead, they will be issuing a set of guidelines to help employers brush up on their accident investigation practices.

Following consultation on proposal documents published in 1998 and 2001, the HSE found that there was overwhelming support for the principle of using incident investigations to learn lessons and prevent workplace injury and ill health, but that there was widespread lack of confidence in carrying out such investigations. Many felt that guidance to address this knowledge gap would be more helpful than a legal duty.

Workplacelaw Network first reported the proposed change in legislation back in June of last year. The Health and Safety Commission (HSC) recommended changes to the Management of Health and Safety at Work Regulations 1999 (MHSWR). They claimed it would save UK businesses an estimated £600m a year. They were counting on the support of the HSE.

The TUC has reacted with disappointment to the HSE’s decision not to recommend legislation. Brendan Barber, TUC General Secretary Elect, said:

"Until employers investigate accidents and near misses as a matter of course, the job will be left to safety reps, HSE inspectors and in the worst case, public enquiries. Wouldn't it be better if the employers who are responsible for health and safety at work investigated accidents?"
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