Workplace Law Magazine is available only to Premium Members of the Workplace Law Network. Produced 10 times each year, it is distributed in hard copy format in the first week of the month, and is also available online.
Has the HSE lost its bite?
The HSE is seemingly under attack from all corners – damned if it does and damned if it doesn’t.On the one hand it is accused of becoming too ‘employer friendly’ – delegating its duty to inspect and regulate on health and safety grounds; on the other it is imposing, a burden, and actively searching for breaches in order to meet targets. The HSE itself is naturally defensive – claiming is has achieved a perfect balance of enforcement and self-regulation and that it is entirely able to successfully carry out its joint responsibility of advice and enforcement. Claims against the HSE state that it has moved too far on the advisory side, and is weakening on the action it takes – giving the impression that its bark is worse than its bite.
Employers are seemingly continuing to look to the HSE for advice and guidance on implementing health and safety measures, which would indicate that its position of authority isn’t lessening. Perhaps the reduction in enforcement notices being issued is a simple reflection of the time that has gone into informing employers of their duties and the risks, which should result in fewer accidents – nothing to do with the force of the Executive’s bite.
In this issue…
Legal calendar
6 April has been designated by the HSE as a Common Commencement Date. Check that you are ready for all the events and legal developments coming into force this month.
Letters
Workplace Law Magazine readers discuss the legal matters affecting their businesses.
Has the HSE lost its bite?
Turning a blind eye to “safety criminals”, ignoring health and safety responsibilities, ‘slap dash’ inspections. When it comes to enforcement, is the HSE gradually losing its bite?
Delivering the health and safety message
Are businesses checking to see that they are effectively communicating the policies they’vewritten, and that these are ultimately being followed, questions Helen Bamborough.
Should non-licensed contractors remove low-risk product?
Why shouldn’t unlicensed contractors remove asbestos containing textured coatings, questions Steve Aldridge.
The David Bergman interview
The draft Corporate Manslaughter Bill has generated warnings that it may cause companies to treat health and safety less seriously. Director of the Centre for Corporate Accountability, David Bergman responds.
Case law
Legal experts offer their advice to employers on recent case law.
Technical guidance
In-depth legal guidance on: Noise at work: new duties; Employers’ legal responsibility for those not in their employment; and Asbestos: a summary of revisions to the Regulations.
Clinic
What is working time?
AnalysisThe effect of crime on business.
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