Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    GOVERNMENT REVIEW CASTS DOUBT ON CDM EFFECTIVENESS

    CDM and work at height regs to be reviewed and tower crane regs revoked

    In March 2011 Employment Minister Chris Grayling announced that risk management specialist Professor Ragnar E Löfstedt would chair a review of all health and safety regulation, with a view to “simplifying the rules and easing the unnecessary burdens on business”. The Professor has now published his reportReclaiming health and safety for all: An independent review of health and safety legislation.

    The report contains what are described as “recommendations that will reduce requirements on business where they do not lead to improved health and safety outcomes, or remove pressures on business to go beyond what the regulations require” . The recommendations are to be delivered by April 2015 with earlier target dates for some of them.

    Government accepts the report findings

    The Government will begin an immediate consultation on the abolition of “large numbers” of health and safety regulations.

    From 1 January 2012 a new ‘challenge panel’ will allow businesses to get the decisions of health and safety inspectors overturned immediately if they have got it wrong. Minister for Employment Chris Grayling said:

    “By accepting the recommendations of Professor Löfstedt we are putting common sense back at the heart of health and safety. Our reforms will root out needless bureaucracy and be a significant boost to the million self employed people who will be moved out of health and safety regulation altogether.”

    The key recommendations and additional recommendations are reproduced verbatim below.

    HSE welcomes the report findings

    In welcoming publication of the Lofstedt review, Judith Hackitt, the Chair of HSE, said:

    “Professor Lofstedt’s insightful report will go a long way to refocusing health and safety in Great Britain on those things that matter – supporting those who want to do the right thing and reducing rates of work-related death, injury and ill health.”

    HSE said it would meet the timetable set by the Government for implementing those recommendations for which it was responsible.

    Report demands evaluation of CDM 2007 effectiveness

    The review reports that a number of consultees expressed concerns about the way the CDM Regulations 2007 were working in practice. The report states:

    “A recent review of the impact of CDM 2007 reported to the Construction Industry Advisory Committee in July 2011. It concluded that the regulations were meeting the objectives of the 2007 changes with respect to improving clarity and the management of health and safety within the construction industry. The research did, however, note that there remain concerns, echoed by a number of those who replied to the call for evidence and the RTC, over the effectiveness of the regulations in minimising bureaucracy, bringing about integrated teams and addressing issues of competence.

    The requirement for competence of all duty holders seems to go further than required by the TCMSD …… with a proliferation of accreditation schemes and competency qualifications that are costly for industry, particularly small firms, and which have questionable benefits.

    Some hold the view that the ACoP is over complicated (though some find it helpful) and some question its relevance especially with respect to small employers/renovation work where most of the improvements on the regulatory framework and revision of guidance needs to be undertaken.

    I recommend that HSE should complete the evaluation of the effectiveness of CDM 2007 and the associated ACoP by April 2012 to ensure there is a clearer expression of duties, a reduction of bureaucracy and appropriate guidance for small projects.

    Comment

    Our immediate comments from a construction sector perspective are:

    • very few ‘self-employed’ persons working in construction carry out activities which “pose no potential risk of harm to others” i.e. the public or co-workers. Those that do are already left to their own devices by HSE. The impact of this change will be minimal;
    • revoking the regulations on head protection will have no impact on the ‘burden’ of health and safety;
    • the Notification of Tower Crane Regulations were enacted as much to boost public ‘confidence’ rather than reduce actual ‘risk’. If revoked, the first tower crane incident involving a crane unknown to HSE will generate considerable public concern;
    • the package of HSE and Industry guidance for CDM 2007 is already seen by many to be clear and helpful. Further iteration of the package may provoke more discussion and uncertainty rather than greater clarity;
    • HSE has only recently improved the construction web pages for builders working on small projects although better quality one page information sheets might help SMEs and micro businesses;
    • the proposals to give HSE formal ‘authority’ over determining Local Authority inspection priortities only formalises the current de facto position; and
    • reviewing the work at height regulations is unlikely to ensure people do not go “beyond what is either proportionate or beyond what the legislation was originally intended to cover.”

    The report is weak on both content and analysis. The impact on construction project teams is likely to be minimal.

    *******************************************************

    KEY RECOMMENDATIONS

    1. Self-Employed Exemption – exempting from health and safety law those self-employed whose work activities pose no potential risk of harm to others.
    2. Approved Codes– HSE should review all its ACoPs. The initial phase of the review should be completed by June 2012 so businesses have certainty about what is planned and when changes can be anticipated.
    3. Consolidation of Regulations – HSE undertakes a programme of sector-specific consolidations to be completed by April 2015.
    4. HSE to direct Local Authorities – that legislation is changed to give HSE the authority to direct all local authority health and safety inspection and enforcement activity, in order to ensure that it is consistent and targeted towards the most risky workplaces.
    5. Civil Liability– that the original intention of the pre-action protocol standard disclosure list is clarified and restated and that regulatory provisions that impose strict liability should be reviewed by June 2013 and either qualified with ‘reasonably practicable’ where strict liability is not absolutely necessary or amended to prevent civil liability from attaching to a breach of those provisions.
    Further recommendations on specific regulations

    The following regulations should be revoked:

    • The Notification of Tower Cranes Regulations 2010 and the Notification of Conventional Tower Cranes (Amendment) Regulations 2010 – because the Impact Assessment was not able to identify any quantifiable benefits to health and safety outcomes.
    • The Celluloid and Cinematograph Film Act 1922 (Exemptions) Regulations 1980 and the Celluloid and Cinematograph Film Act 1922 (Repeals and Modifications) Regulations 1974 that are no longer needed to control health and safety risks.
    • The Construction (Head Protection) Regulations 1989 that duplicate responsibilities set out in the later Personal Protective Equipment at Work Regulations 1992.

    The following regulations should be amended, clarified or reviewed:

    • The Health and Safety (First Aid) Regulations 1981 should be amended to remove the requirement for HSE to approve the training and qualifications of appointed first-aid personnel. This requirement seems to have little justification provided the training meets a certain standard.
    • The Construction (Design and Management) Regulations 2007 and the associated ACoP evaluation should be completed by April 2012 to ensure there is a clearer expression of duties, a reduction of bureaucracy and appropriate guidance for small projects.
    • The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) and its associated guidance should be amended by the end of 2013 to provide clarity for businesses on how to comply with the requirements.
    • The requirement for portable appliance testing should be further clarified (including through changes to the wording of the Electricity at Work Regulations 1989 if necessary) by April 2012 to stop over-compliance and ensure that these messages reach all appropriate stakeholder groups.
    • The Work at Height Regulations 2005 and the associated guidance should be reviewed by April 2013 to ensure that they do not lead to people going beyond what is either proportionate or beyond what the legislation was originally intended to cover.
    Clarifying regulatory requirements

    In addition to the sector-specific consolidation exercise I recommend that:

    • HSE commissions research by January 2012 to help decide if the core set of health and safety regulations could be consolidated in such a way that would provide clarity and savings for businesses;
    • HSE should redesign the information on its website to distinguish between the regulations that impose specific duties on businesses and those that define ‘administrative requirements’ or revoke/amend earlier regulations;
    • HSE should also continue to help businesses understand what is ‘reasonably practicable’ for specific activities where the evidence demonstrates that they need further advice to comply with the law in a proportionate way.
    Application of regulatory requirements

    In addition to giving HSE the authority to direct local authority health and safety inspection and enforcement activity I also recommend that:

    • HSE should also be the Primary Authority for multi-site national organisations; and that
    • all those involved should work together with the aim of commencing health and safety prosecutions within three years of an incident occurring.
    Improving the understanding of risk

    In order to stimulate a wider debate about risk in society and how it should be regulated, I recommend that:

    • the House of Lords be invited to set up a Select Committee on risk or establish a sub-committee of the Science and Technology Committee to consider how to engage society in a discussion about risk; and
    • in parallel, the Government asks the Chief Scientific Adviser to convene an expert group aimed at addressing the same challenge. The outcomes of such work need to be disseminated widely across Parliament, policy makers, academics and the public.

    Latest Construction Health and Safety News

    ROOF COLLAPSED UNDER EXCESS LOADING

    Director and company fined over roof design failures

    Read the rest of this article »

    Posted on 11th November 2018

    FORK LIFT OVERTURNED IN SCAFFOLDING YARD

    Untrained operator suffered life changing crush injuries

    Read the rest of this article »

    Posted on 10th November 2018

    STRUCTURAL SAFETY ALERT: EFFECTS OF SCALE

    SCOSS issues alert after concerns disclosed over ‘large structures’

    Read the rest of this article »

    Posted on 7th November 2018

    ASBESTOS EXPOSED BY UNTRAINED WORKERS

    Contractor failed to act properly despite HSE intervention

    Read the rest of this article »

    Posted on 7th November 2018

    GAS MAIN STRIKE REPAIR CAUSED SEVERE BURNS

    Contractor excavator damage to gas pipe ends in £1.2m fine

    Read the rest of this article »

    Posted on 7th November 2018

    REBAR FELL FROM FLT IN UNSAFE LIFTING OPERATION

    Multiple fractures caused by inappropriate use of fork lift

    Read the rest of this article »

    Posted on 7th November 2018

    HSE ENFORCEMENT WEEKLY UPDATE 7th NOV 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 7th November 2018

    POORLY PLANNED LIFT DISMANTLE INJURED WORKMAN

    Counterweight or suspension rope struck worker in lift shaft

    Read the rest of this article »

    Posted on 1st November 2018

    CONSTRUCTION INJURY AND ILL-HEALTH 2017/18

    hselogo1Fatal injury rate in long term decline whilst ill-health trend flat lining

    Read the rest of this article »

    Posted on 1st November 2018

    DUMPER DRIVEN INTO OPEN UNGUARDED EXCAVATION

    Contractor fined over absence of suitable excavation / dumper precautions

    Read the rest of this article »

    Posted on 1st November 2018

    DEATH FAILED TO TRIGGER PREVENTIVE ACTION

    Prison term for director whilst his company ordered to pay £3/4m

    Read the rest of this article »

    Posted on 29th October 2018

    FAILURE TO MAINTAIN GUARDS PROVES COSTLY

    Woodworking machinery defective despite previous HSE advice

    Read the rest of this article »

    Posted on 26th October 2018

    CISRS LAUNCH SYSTEM SCAFFOLD INSPECTION COURSES

    Training courses prompted by growing use of system scaffolding

    Read the rest of this article »

    Posted on 25th October 2018

    HSE INSPECTS CLADDING REMOVAL AND REPLACEMENT

    hselogo1Advice to Inspectors published on fire risk during work on tall buildings

    Read the rest of this article »

    Posted on 25th October 2018

    HIGHWAYS, RAIL AND WATER HEALTH & SAFETY HUBS

    Websites provide useful information, alerts and tools

    Read the rest of this article »

    Posted on 24th October 2018

    ELIMINATING CONCRETE DRILLING VIBRATION HAZARD

    Cutting specialist innovation avoids vibration exposure management

    Read the rest of this article »

    Posted on 24th October 2018

    NEW MEWP WORK AT HEIGHT RESCUE GUIDANCE

    Industry body publishes simple guidance on MEWP stranding actions

    Read the rest of this article »

    Posted on 24th October 2018

    HSE PUBLISH RIDDOR DATA VISUALISATION TOOL

    hselogo1Construction injury records made more relevant and easily used

    Read the rest of this article »

    Posted on 24th October 2018

    DESIGNER CPD EVENT HOSTED BY HSE, APS & IOSH

    CDM 2015 Construction Design Risk Management Event

    Read the rest of this article »

    Posted on 24th October 2018

    COUNCIL OVERLOOKED ICE RINK SLIPPING RISK

    Obvious risk of employees falling on ice rink was left uncontrolled

    Read the rest of this article »

    Posted on 22nd October 2018

    STRUCTURAL SAFETY BODY LATEST NEWSLETTER

    CROSS publishes reports and expert comment on a range of issues

    Read the rest of this article »

    Posted on 22nd October 2018

    YOUNG WORKER FELL FROM PETROL STATION CANOPY

    Steel fabricator after young construction worker falls on first day at work

    Read the rest of this article »

    Posted on 18th October 2018

    FIRM FINED OVER FAILURE AT ASSESS VIBRATION RISK

    Vibration regulations not acted upon until seven years in operation

    Read the rest of this article »

    Posted on 18th October 2018

    FAILURE TO ISOLATE LEAVES WORKMAN PARALYSED

    Conveyor guards removed before power source isolated

    Read the rest of this article »

    Posted on 16th October 2018

    TRADING STANDARDS AND HSE ACT IN CONCERT

    Director given prison term over fraud and health and safety breaches

    Read the rest of this article »

    Posted on 15th October 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    9 Responses to “GOVERNMENT REVIEW CASTS DOUBT ON CDM EFFECTIVENESS”

    1. TOWER CRANE AND HEAD PROTECTION REGS TO BE REVOKED | PP Construction Safety News Desk Says:

      […] of Tower Cranes Regulations 2010 arises from recommendations contained in Professor Löfstedt’s report Reclaiming Health and Safety For […]

    2. REVIEW OF CDM REGULATIONS 2007 NOW PUBLISHED | PP Construction Safety News Desk Says:

      […] readers may doubt that formal publication now delivers on the Lofstedt report recommendation that evaluation of CDM 2007 by April 2012 should “ensure there is a clearer […]

    3. SAFETY AND HEALTH EXPO AT THE NEC 15-17 MAY 2012 | PP Construction Safety News Desk Says:

      […] particular interest to the work at height sector is Professor Löfstedt’s recommendation to review the existing Work at Height Regulations by […]

    4. CDM REGULATIONS TO UNDERGO SIGNIFICANT REVISION | PP Construction Safety News Desk Says:

      […] HSE will be taking account of the current implementation of the EU temporary mobile construction site directive as well as the outcome of the CDM evaluation and other health and safety reviews. […]

    5. GOVERNMENT RETREATS FROM FIRST AID TRAINING APPROVAL | PP Construction Safety News Desk Says:

      […] reform of Britain’s health and safety system is being driven by Löfstedt review which noted that the training and qualifications for the appointed first-aid person must be […]

    6. SELF-EMPLOYED TO BE EXEMPT FROM SAFETY LAWS | PP Construction Safety News Desk Says:

      […] Government Löfstedt review recommended that people who work for themselves be taken out of health and safety law if their […]

    7. HSE PUBLISH PROPOSALS FOR SELF-EMPLOYED EXEMPTION | PP Construction Safety News Desk Says:

      […] option on the grounds that the: “best way to implement Professor Löfstedt’s recommendation, and to provide clarity, is to exempt from health and safety law, the self-employed who pose no […]

    8. MANAGEMENT REGULATIONS CODE TO BE SCRAPPED | PP Construction Safety News Desk Says:

      […] to review Approved Codes of Practice (ACOPs) as recommended by Professor Löfstedt’s review of health and safety […]

    9. HEALTH AND SAFETY REVIEW: PROGRESS ONE YEAR ON | PP Construction Safety News Desk Says:

      […] is one year on since the report by Professor Löfstedt was published entitled Reclaiming health and safety for all: An independent […]