Terms of reference for health and safety review published

The draft terms of reference which will govern the independent review of health and safety legislation announced last month have been published.

The review, led by Professor Ragnar Löfstedt, will look at how the burden of health and safety legislation can be cut for UK businesses without increasing risks in the workplace.

The Department for Work and Pensions said the review would gather evidence from 'key stakeholders', including Government bodies, employers’ organisations, professional health and safety bodies, and academics.

The aims are to determine:

•  the scope for consolidating, simplifying or abolishing regulations;
•  whether the requirements of EU Directives are being unnecessarily ‘gold-plated’ on translation into UK law;
• if lessons can be learned from comparison with health and safety regimes in other countries;
• whether there is a clear link between regulation and positive health and safety outcomes;
• if there is evidence of inappropriate litigation and compensation arising from health and safety legislation; and
• whether changes to legislation are needed to clarify the legal position of employers in cases where employees act in an irresponsible manner.

In conducting the review, Professor Löfstedt will be supported by an advisory panel, which will include John Armitt, Chair of the Olympic Delivery Authority, Sarah Veale of the TUC, and Dr Adam Marshall of British Chambers of Commerce, as well as legislature representatives of the three main parties.

The review is expected to report to Employment Minister, Chris Grayling, in the autumn.

IOSH Policy and Technical Director, Richard Jones, commented:

“We are pleased that the terms of reference have been sorted out. At least we know now exactly what they are going to be looking at and who is on the panel.

“There are no surprises about their consideration of consolidating, simplifying and abolishing regulations – we knew about that. But what is slightly surprising is that they are trying to find evidence about ‘gold plating’ when at least two previous studies have found that there is no problem with gold plating in this country.

“This emphasis, on trying to look at employees acting in an irresponsible manner, well, the law as it stands already deals with that.

“We look forward to having some involvement in it but it’s not clear yet what the mechanism will be for involving the profession.”