• Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    QUICK GUIDE TO HEALTH AND SAFETY REFORM PROGRAMME

    HSE timetable for inspection charging arrangements now made clear

    In June 2010 the Prime Minister appointed the Rt Hon Lord Young of Graffham as Adviser to the Prime Minister on health and safety law and practice.

    For those who may have lost track of developments since this appointment – the subsequent reports, recommendations and updates are now convieniently summarised on the DWP website. One key aspect (see below) of the reform not mentioned in the updates concerns “cost recovery for breaches of the law”.

    We can now report that HSE will conducting a consultation during July 2011 on how the charging regime will operate with implementation planned from April 2012.

    Cost of dealing with “serious material breaches” to be recovered

    “The government believes that it is reasonable that businesses that are found to be in serious breach of health and safety law – rather than the taxpayer – should bear the related costs incurred by the regulator in helping them put things right. A cost recovery principle will provide a deterrent to those who would otherwise fail to meet their obligations and a level playing field for those who do.

    It is proposed that HSE will recover all of the costs of an inspection/investigation at which a serious, material breach in standards is diagnosed and a requirement to rectify is formally made, together with the cost of any follow-up work.

    Businesses that are in compliance with the law will not be liable for any kind of charge as a result of an HSE inspection and there will be no recovery in relation to purely technical breaches. An appeal system will be operated by HSE in relation to any disputes over cost recovery.” Ref: Good Health and Safety, Good for Everyone March 2011

    Comment

    Inspection and investigation cost recovery may be seen as simply an extension of the current regulator practice of securing full costs following legal proceedings. However, the ‘gateway’ for cost recovery, short of legal proceedings, may be less straightforward.

    The consultation will need to consider, inter alia: what is a ‘serious material breach’; what is a ‘formal requirement to rectify’ – does this include a letter; what impact will the policy have on Inspector propensity to take formal action; how much time will be taken up by appeals; what impact will the policy have on standards of safety and how will it affect relations between the regulator and the regulated?

    The forthcoming consultation will provide a opportunity to consider these and other issues.

    Latest Construction Health and Safety News

    HSE ENFORCEMENT DATABASE LATEST UPDATE

    hselogo1View current online register of HSE prosecutions and enforcement notices

    Read the rest of this article »

    Posted on 31st October 2019

    DEVELOPER AND DIRECTOR PUT PUBLIC AT RISK

    Demolition undertaken without surveys and effective safety precautions

    Read the rest of this article »

    Posted on 28th October 2019

    SELECTED NEWS POSTED RECENTLY ON TWITTER

    Posted on 28th October 2019

    BY-PASSING MACHINE INTERLOCK FINED £1.275 MILLION

    Trapped key safety system failed to prevent access to conveyor danger

    Read the rest of this article »

    Posted on 24th October 2019

    HSE LOSES PATIENCE WITH ERRANT CONTRACTOR

    Roofing firm fined £30,000 over failure to manage work at height risks

    Read the rest of this article »

    Posted on 24th October 2019

    TRUSS ERECTION LACKED INTERNAL FALL PROTECTION

    Carpenter fell and injured whilst falling with roof truss

    Read the rest of this article »

    Posted on 24th October 2019

    WORKMAN FELL HEAD FIRST THROUGH ROOFLIGHT

    Fragile roof dangers not assessed and properly controlled

    Read the rest of this article »

    Posted on 24th October 2019

    STRUCTURAL SAFETY BODY LATEST NEWSLETTER

    CROSS publishes reports and expert comment on a range of issues

    Read the rest of this article »

    Posted on 18th October 2019

    HSE RISK REDUCTION THROUGH DESIGN AWARD

    Regulator seeks to promote hazard avoidance and risk minimisation

    Read the rest of this article »

    Posted on 18th October 2019

    CLIENT AND CONTRACTOR FINED OVER ASBESTOS RISK

    Checks for presence of asbestos not undertaken prior to refurbishment

    Read the rest of this article »

    Posted on 18th October 2019

    DIRECTOR PROSECUTED AND JAILED AS EMPLOYEE

    Workman fatally injured when crushed between bucket and wall

    Read the rest of this article »

    Posted on 18th October 2019

    BUILDING MATERIALS FIRM FINED OVER FATALITY

    Failure to effectively isolated power to machinery caused death of engineer

    Read the rest of this article »

    Posted on 10th October 2019

    CUSTOM AND PRACTICE CAUSED EXPLOSION DEATHS

    Electrical accumulator explosion claims the lives of two engineers

    Read the rest of this article »

    Posted on 10th October 2019

    REBAR FELL DURING TANDEM FLT LIFTING OP

    Workman seriously injured during improperly planned and executed lift

    Read the rest of this article »

    Posted on 10th October 2019

    FIRM FINED AFTER FINGER OF TRAINEE SEVERED

    Young worker injured hand working on unguarded rip saw

    Read the rest of this article »

    Posted on 8th October 2019

    WORKMAN FELL THROUGH ROOF OPENING

    Contractor failed to provide collective edge protection or fall arrest

    Read the rest of this article »

    Posted on 7th October 2019

    DRIVER UNDER TRAINING CRUSHED BY TELEHANDLER

    Court sentences company director to unpaid work community order

    Read the rest of this article »

    Posted on 30th September 2019

    DIRECTOR IN DOCK OVER FRAGILE ROOF RISK

    Roofing contractor and director failed to plan and manage falls risk

    Read the rest of this article »

    Posted on 30th September 2019

    HSE START PROJECT HEALTH RISK INTERVENTIONS

    Regulator set to check health risks assessed and controls in place

    Read the rest of this article »

    Posted on 30th September 2019

    AIF NATIONAL WORKING AT HEIGHT CONFERENCE

    HSE Construction Head to speak at Access Industry Forum conference

    Read the rest of this article »

    Posted on 23rd September 2019

    NEW HSE HAVS CALCULATOR TO HELP CONTROL RISK

    New calculator includes “cautious estimates” for common tools

    Read the rest of this article »

    Posted on 23rd September 2019

    JAIL TERM FOR DIRECTOR OVER LORRY CRANE DEFECTS

    Operator impaled on dangerous and uninspected lifting appliance

    Read the rest of this article »

    Posted on 23rd September 2019

    STEEL PIPE FALL TRIGGERS FREAK CAUSE OF DEATH

    Wooden bearer sent flying by pipe struck workman on head

    Read the rest of this article »

    Posted on 16th September 2019

    FATAL FALL FROM INSECURE SCAFFOLD LADDER

    Scaffold erected by unqualified and incompetent person

    Read the rest of this article »

    Posted on 16th September 2019

    FIRMS FAILED TO MONITOR SAFE SYSTEM OF WORK

    Principal Contractor and specialist fined over fall through roof mesh

    Read the rest of this article »

    Posted on 12th September 2019
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    One Response to “QUICK GUIDE TO HEALTH AND SAFETY REFORM PROGRAMME”

    1. REVIEW OF CDM REGULATIONS RESEARCH PUBLISHED | PP Construction Safety News Desk Says:

      […] greater clarity and simplicity. This will be further driven by the current Government Löfstedt review of health and safety legislation and the Red Tape […]