No more silly rules - what the Conservatives want to do to Health and Safety
Date: 11th May 2010
If, as seems likely, the Conservatives come into office after 13 years, what impact will this have on the world of health and safety?
Under Labour health and safety legislation has flourished. It is said that a third of the regulation currently enforced by the Health and Safety Executive was brought into force under Labour since 1997. What of the future under a Conservative led government?
None of the parties' manifestos had a great deal to say about health and safety: it has, after all, never been a subject to set alight political debate. The only manifesto to use the phrase "health and safety" at all was the Conservatives'. This used the expression in relation to law and order with a pledge to "amend the health and safety laws that stand in the way of common sense policing". This reflects a previous Conservative commitment to repeal the extension of the Health and Safety at Work Act to cover the police. However this single reference also captures the essence of the Conservative view of health and safety legislation and their likely approach in government.
Last December in a speech to the thinktank Policy Exchange, David Cameron bemoaned the "over-the-top culture of health and safety and compensation". He was critical of what he sees as the removal of personal responsibility and accountability, replaced by overly prescriptive regulation of an increasing range of activities: "the thicker the handbook, the longer and more tedious the training days, the sillier the rules". His emphasis was on the need to moderate health and safety culture for the improvement of society and the economy. "There is no such thing as a risk-free environment and efforts to eliminate all risk will end by eliminating enterprise, creativity, achievement and innovation."
David Cameron promised, under a Conservative Government, a review of health and safety legislation to be led by Lord Young of Graffham, a trade minister under Margaret Thatcher. The aim of the review would be to identify and remove redundant legislation. "For every piece of health and safety legislation we need to ask whether it fulfills a useful purpose - and if not, it must go." No examples were given as to which pieces of legislation might be targeted in such a review and given that much of the complained of legislation was introduced to give effect to European Directives, it is questionable to what an extent such a policy could be implemented.
So, if they had it their own way the Conservatives would seek to reduce the volume and burden of health and safety regulation.
But, will they have it their own way? In light of the election result and the subsequent negotiations between Conservatives and Lib Dems, the horse-trading and compromises will be on such fundamental issues as voting reform and the economy.
In such circumstances it seems unlikely that a review of health and safety legislation is going to be high on anyone's agenda. The Conservatives are probably therefore going to have to wait a little longer for the type of reform envisaged by David Cameron.
If you have any questions about the above, please contact your Kingsley Napley representative, or alternatively:
Jonathan Grimes
Solicitor
Email: jgrimes@kingsleynapley.co.uk
Direct line: 020 7814 1234